Important Judgements In News

Article 21 and the right of non-refoulement


From UPSC perspective, the following things are important :

Prelims level : Article 21

Mains level : Paper 2- Principle of non-refoulement

Significance of Manipur High Court judgement

  • The High Court of Manipur on Monday allowed seven Myanmar nationals, to travel to New Delhi to seek protection from the United Nations High Commissioner for Refugees (UNHCR).
  • “The far-reaching and myriad protection afforded by Article 21 of our Constitution, as interpreted and adumbrated by our Supreme Court time and again, would indubitably encompass the right of non-refoulement,” the court said.

What is the principle of non-refoulemennt

  • Non-refoulement is the principle under international law that a person fleeing from persecution from his own country should not be forced to return.
  • Though India is not a party to the UN Refugee Conventions, the court observed that the country is a party to the Universal Declaration of Human Rights of 1948 and the International Covenant on Civil and Political Rights of 1966.
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