Right To Asylum And Indian Judiciary, And Analysis Of Judgments

Rohan Kaparwan, School of Law, Delhi Metropolitan Education (Affiliated to Guru Gobind Singh Indraprastha University)

ABSTRACT

This research paper investigates the Right to Asylum within the Indian judicial system, focusing on its historical context and practical application. Asylum, a concept with ancient origins, was formalized in the 20th century through year 1951 of Refugee Convention and year 1967 Protocol of the same, setting global standards for refugee protection. India, though not a signatory to the 1951 Convention, adheres to its principles through the 1967 Protocol and other international agreements. The paper reviews India’s legal approach, governed by the Foreigners Act of 1946 and the Foreigners Order of 1948, which lack a cohesive asylum framework and result in inconsistent procedures for asylum seekers.

Significant judicial decisions, including National Human Rights Commission v. State of Arunachal Pradesh (1996) and Louis De Raedt v. Union of India (2001), reflect the judiciary's commitment to upholding international asylum norms and protecting refugees' rights. These cases illustrate the courts' proactive role in ensuring adherence to principles such as non-refoulement and due process.

Challenges such as procedural delays, legal ambiguities, and limited access to legal aid create barriers for asylum seekers. That paper argues that while judiciary has played a pivotal role for shaping asylum policy and reinforcing international standards, systemic reforms are necessary. Comprehensive asylum legislation and improved legal assistance are essential to address the existing gaps and ensure more effective protection for asylum seekers in India. The study highlights the need for a structured asylum framework to enhance consistency and fairness in the asylum process.