Full Name: Convention Relating to the Status of Refugees & 1967 Protocol
Adopted: 28 July 1951 (entered into force 22 April 1954); Protocol 1967
Type: Binding Treaty
Key Principle: Non-refoulement (Article 33)
India’s Status: NOT a party to either Convention or Protocol ✗
Overview
The 1951 Refugee Convention defines who is a refugee and sets out the rights of refugees and the legal obligations of states. Its cornerstone is the principle of non-refoulement — a refugee shall not be returned to a country where they face serious threats to life or freedom.
India’s Position
India has not signed or ratified the Refugee Convention or its 1967 Protocol. Despite this, India hosts a significant refugee population (Tibetans, Sri Lankan Tamils, Rohingya, Afghans) and has no domestic refugee legislation. Refugee protection in India operates through executive discretion and UNHCR’s mandate.
Judicial Application in India
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NHRC v. State of Arunachal Pradesh (1996): Supreme Court held that even non-citizens are entitled to right to life under Article 21
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Ktaer Abbas Habib Al Qutaifi v. UOI (1999): Gujarat HC applied non-refoulement principle under Article 21
- Indian courts have consistently held that Article 21 applies to all persons, not just citizens — providing a constitutional basis for refugee protection