Manipur HC States That Principle Of Non Refoulement Where Refugees Are Liable To Be Subjected To Persecution Can Prima Facie Be Read Into Article 21

CASE AT HAND

• Recently, while allowing the interim relief for arranging safe transport and passage of 7 Myanmarese individuals to Imphal, the Manipur High Court on Tuesday observed that the principle of non Refoulement can prima facie be read within the ambit of Article 21 of the Constitution for this case in particular.
• In this case a petition filed by Nandita Haksar who was seeking directions from the State of Manipur for providing a safe passage to 7 Myanmar based persons including four adults and three children for enabling them to travel to Delhi in order to seek protection from United Nations High Commissioner for Refugees (UNHCR).
• The above mentioned persons had taken refuge at Moreh in Tengnoupal Disrict, Manipur, an interim direction was prayed by the Court in order to make necessary arrangements for bringing the seven persons to Imphal safely.

FURTHER CONTENTIONS

• In this case the Chief Justice Sanjay Kumar and Justice Lanusungkum Jamir observed, "The principle against refoulement, (the forcible return of refugees to a country where they are liable to be subjected to persecution) can prima facie be read into Article 21 of the Indian Constitution."
• The Court further reiterated that, "this Court is well aware of the fact that India is not a signatory to the Geneva Refugee Convention, 1951, or the New York Protocol of 1967. Although, it is a party to the Universal Declaration of Human Rights and also the International Covenant on Civil and Political Rights. That apart, the protection afforded by Article 21 of the Indian Constitution is not limited to citizens and can be availed by non-citizens also."

DIRECTIONS

• The Court directed the State to arrange for a safe passage of the 7 persons to Imphal after the Court was apprised that the said persons were under constant threat of apprehension or deportation by the authorities.
• The said matter is although pushed for a further hearing on 26th April, the Court also ordered that no coercive steps or adverse action shall be taken in relation to the Myanmarese persons, be it either by the State or by the Central Government authorities.

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