1951 Refugee Convention

Polity & Governance glossary

Also called: Convention Relating to the Status of Refugees · Topic: Citizenship: Idea and Indian Law · NCERT: Beyond NCERT

Meaning

The 1951 Refugee Convention is a UN treaty. With its 1967 Protocol, it defines a refugee as a person with a well-founded fear of persecution because of race, religion, nationality, social group or political opinion. It also sets out the rule of non-refoulement, which means a refugee must not be sent back to a place where their life or freedom is in danger. India has not signed it. India has no refugee law and decides each case separately.

Example

In NHRC v. State of Arunachal Pradesh (1996), the Supreme Court held that Art. 21 protects non-citizens too, including the Chakmas. In Mohammad Salimullah (2021), however, it declined to stop the deportation of Rohingya.

Don't confuse with

  • UNHCR: the United Nations High Commissioner for Refugees is the UN body set up in 1950 to protect refugees. The Convention is the treaty that defines who a refugee is and what rights they have.

Related concepts

Read more