Non-refoulement
Topic: Citizenship: Idea and Indian Law · NCERT: Beyond NCERT
Meaning
Non-refoulement is a rule of international law. It says a refugee must not be sent back to a place where their life or freedom would be in danger. ("Refoulement" means forcing someone back.) It is central to the 1951 Refugee Convention and its 1967 Protocol. India has signed none of these refugee treaties, so it has no treaty duty to follow the rule. However, some High Courts have read non-refoulement into Article 21, the right to life and personal liberty.
Example
In Mohammad Salimullah (2021), the Supreme Court declined to stop the deportation of Rohingya refugees to Myanmar. The case shows the gap: India has no refugee law and no treaty duty, so it decides each case separately.
Don't confuse with
- Deportation: deportation is the general power of a state to remove a foreigner. Non-refoulement is a limit on that power. It bars sending a refugee back into danger.
Related concepts
- Universal citizenship
- Refugee
- Statelessness
- United Nations High Commissioner for Refugees
- 1951 Refugee Convention
- Global citizenship
- Global Citizenship Education