Non-Refoulement In India: Between Humanitarian Obligations And National Security Concerns
- IJLLR Journal
- Oct 25
- 1 min read
Khushboo Gehlot, Jai Narain Vyas University
Niranjan Pratap Singh, Jai Narain Vyas University
ABSTRACT
The principle of non-refoulement, which prevent the return of individual to their territories where they might suffer persecution, torture, or other stringent human rights violations stands as a foundational upright of international refugee protection and is now recognised as a customary international law. India showcases a unique anomaly in this context: despite not being a signatory to the 1951 Refugee Convention or its 1967 Protocol, it still accommodates countless refugee populations, including Tibetans, Bangladeshis, Sri Lankan Tamils, Afghans, and Rohingyas. However, India’s outlook on refugee protection has largely been ad hoc, affected by flickering political, diplomatic, and security rumination rather than by a structured legal framework. The Indian judiciary has been instrumental in elucidating the principle of non-refoulement through Articles 14 and 21 of the Constitution, positioning domestic law with international humanitarian principles. Yet, judicial protection remains out of step with, particularly when national security concerns are prioritized. This paper explores the evolution of the non-refoulement principle in international law, revives India’s policies and judicial interventions, and critically examines the balance between humanitarian duties and sovereign security interests. It further advocates comprehensive reforms including the enactment of a national refugee law, establishment of an Independent Refugee Status Determination (RSD) mechanism, and implementation of transparent security-screening procedures to harmonize India’s constitutional ethos with its international obligations.
Keywords: Asylum, Non Refoulement, Refugees.
