AI Overview...
United Nations 1951 Refugee Convention – Summary and Insights
-
Definition of Refugee: The Convention defines a ‘refugee’ as a person who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside their country of nationality and unable or unwilling to return Premanand VS State of Kerala represented by S. I. of Police - Kerala.
-
India’s Position: Although India is not a signatory to the 1951 Convention or its 1967 Protocol, Indian law recognizes principles derived from these international obligations, including the concept of refugee protection and non-refoulement (prohibition against returning refugees to danger) Premanand VS State of Kerala - Crimes, Nepal Das S/o Late Bhudai Das VS Union Of India, Represented By The Secretary, Ministry Of Home Affairs, Government Of India, Shastri Bhawan, New Delhi - Gauhati.
-
Legal Obligations: Indian courts and authorities have applied the common law precepts and international law principles related to refugees, emphasizing the importance of security considerations and human rights in refugee cases Premanand VS State of Kerala - Crimes, Nepal Das S/o Late Bhudai Das VS Union Of India, Represented By The Secretary, Ministry Of Home Affairs, Government Of India, Shastri Bhawan, New Delhi - Gauhati.
-
Protection and Rights: The UNHCR (United Nations High Commissioner for Refugees) acts as a guardian of the Convention’s principles, advocating for refugee rights, including non-refoulement, access to legal protection, and assistance with documentation like passports and residence Suresh Kumar VS University Grants Commission - Himachal Pradesh, DONGH LIAN KHAM VS Union of India - Delhi, Neyatitus VS Regional Passport Officer, Regional Passport Office, Madurai - Madras.
-
Refugee Status and Recognition: Recognition of refugee status can be based on registration with UNHCR or national processes. Even without ratification, India acknowledges refugee status claims, especially when supported by UNHCR registration or international law principles Mohammad Salimullah VS Union of India - Supreme Court, Premanand VS State of Kerala represented by S. I. of Police - Kerala.
-
Challenges in Implementation: Despite recognition of the principles, India’s non-signatory status limits formal legal obligations. Refugees often face difficulties such as deportation risks, lack of legal documentation, and limited access to rights, necessitating reliance on international principles and UNHCR support DONGH LIAN KHAM VS Union of India - Delhi, Premanand VS State of Kerala - Crimes.
-
Key Principles: The core principles derived from the Convention include non-refoulement, the right to seek asylum, and the obligation of states to protect refugees from persecution and deportation, even if they are not signatories Premanand VS State of Kerala represented by S. I. of Police - Kerala, Suresh Kumar VS University Grants Commission - Himachal Pradesh.
Analysis and Conclusion
While India has not ratified the 1951 Refugee Convention, it recognizes and applies many of its principles through judicial interpretation and adherence to international law obligations, notably the principle of non-refoulement. The UNHCR plays a crucial role in advocating for refugee rights and assisting with legal recognition. The Convention’s definitions and protections influence national practices, although gaps remain due to India’s non-signatory status, highlighting the importance of international cooperation and domestic legal frameworks to uphold refugee rights.
References
- Premanand VS State of Kerala - Crimes
- Premanand VS State of Kerala represented by S. I. of Police - Kerala
- Nandita Haksar VS State of Manipur, Rep. by the Chief Secretary - Manipur
- Mohammad Salimullah VS Union of India - Supreme Court
- Nepal Das S/o Late Bhudai Das VS Union Of India, Represented By The Secretary, Ministry Of Home Affairs, Government Of India, Shastri Bhawan, New Delhi - Gauhati
- Harminder Kaur VS Union of India - Punjab and Haryana
- Suresh Kumar VS University Grants Commission - Himachal Pradesh
- DONGH LIAN KHAM VS Union of India - Delhi
- Neyatitus VS Regional Passport Officer, Regional Passport Office, Madurai - Madras
Search Results for "United Nations 1951 Refugee Convention"
• India - Crimes
S.S.SATHEESACHANDRAN
offences under Section 13 and 14 of Foreigners Act and under Section 3 of Passport (Entry to India) Act—Status of petitioners as refugees ... regard to security considerations and human rights issues was to be taken—Authorities expressed readiness to take petitioners refugees ... of law, has applied the common law precepts and also the obligations arising from international law under United Nations 1951 Convention and its 1967 Protocol, though India is not a signatory to them. ... Ar....
2013 0 Supreme(Ker) 365 • India - Kerala
S.S.SATHEESACHANDRAN
of law, has applied the common law precepts and also the obligations arising from international law under United Nations 1951 Convention and its 1967 Protocol, though India is not a signatory to them. ... Article 1 paragraph 2 of the United Nations 1951 Convention defines the ‘refugee’ thus :- ... “ A person who owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular soci....
2021 0 Supreme(Manipur) 3 • India - Manipur
SANJAY KUMAR, LANUSUNGKUM JAMIR
Convention of 1951 - Whether they can be categorized as ‘migrants’ - Seek protection from United Nations High Commissioner for Refugees ... Article 14 and 21 - Universal Declaration of Human Rights, 1948 - International Covenant on Civil and Political Rights, 1966 - Refugee ... for purchase of their air-tickets and would also arrange for their stay at New Delhi, pending consideration of their claims for ‘refugee ... Her prayer in this writ petition is to allow the sev....
2021 3 Supreme 356 • India - Supreme Court
S. A. BOBDE, A. S. BOPANNA, V. RAMASUBRAMANIAN
camps in New Delhi, Haryana, Allahabad, Jammu and various other places in India – India is not a signatory to United Nations Convention ... in India, the petitioners who claim to have registered themselves as refugees with the United Nations High Commission for refugees ... Convention. ... Nations Convention on the Status of Refugees 1951, it is a party to the Universal Declarati....
2022 0 Supreme(Gau) 912 • India - Gauhati
N. KOTISWAR SINGH, ARUN DEV CHOUDHURY
We may also examine this issue from another perspective as the petitioners claim to be initially refugees and their descendants. As to who is a “refugee” has been defined in the 1951 Refugee Convention under the United Nations. ... Though the said 1951 Refugee Convention has not been ratified by India, yet, it does not discharge the obligation cast upon it under Article 51(C) of the Constitution of India as observe....
2012 0 Supreme(P&H) 1173 • India - Punjab and Haryana
MAHESH GROVER
Passport Act, 1967--Non issuance of passport to derivative asylees--Husband of petitioner went to Canada, has been accepted as a refugee ... and was granted permanent resident status--Petitioner also went to Canada being close relative of refugee and was granted status ... According to the Convention relating to the Status of Refugees adopted on 28.7.1951 by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Pe....
2018 0 Supreme(HP) 543 • India - Himachal Pradesh
DHARAM CHAND CHAUDHARY
Mandamus - National Eligibility Test - Indian Penal Code, 1860, Section 378, 379 - Convention Relating to the Status of Refugees ... , 1951 - [SUMMARY] Fact of the Case: The petitioner, a post-graduate in law, challenged the result of the National Eligibility ... ... Reasons (R): Because the United Nations Convention on the Refugees 1951 in its Article 1A says so. ... Codes: (A). Both (A) and (R) are right and (R) is right reason of (A). ... (B). (....
2023 Supreme(Online)(Mad) 58634 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, J
regarding refugee treatment and highlighted the issues Srilankan refugees face. ... It reiterated that non-refoulement principles are vital in refugee protection. ... His previous application was met with skepticism due to his refugee status per the birth certificate. ... The United Nations High Commissioner for Refugees (UNHCR) serves as a guardian of the Refugee Convention and its Protocol. ... India's Refugee ....
2015 0 Supreme(Del) 3031 • India - Delhi
ASHUTOSH KUMAR
Refugee - Deportation - Foreigners Act, 1946, Narcotic Drugs & Psychotropic Substances Act, 1985 - The judgment discusses the ... rights of refugees, the principle of non-refoulement, and the power of the government to deport foreigners. ... Fact of the Case: The petitioners, refugees from Myanmar, sought protection from deportation by the Indian authorities ... He first stayed in Assam and thereafter approached United Nations High Commissioner for Refugees (hereinafter referred to a....
2023 0 Supreme(Mad) 837 • India - Madras
G. R. SWAMINATHAN
Passport - Srilankan Refugee - Citizenship Act, 1955, Section 3(1)(a), Passport Act, 1967, Section 20 - The court discussed the ... Fact of the Case: The petitioner, a Srilankan refugee married to an Indian citizen, sought a passport to explore employment ... requirements and highlighted the legal principles established in previous cases regarding citizenship and issuance of passports to refugees ... The United Nations High Commissioner for Refugees (UNHCR) serves as a....
Filter by Legal Phrase
