ASYLUM (INTERNATIONAL LAW)

What is International law?

Every society, irrespective of its population ,makes a legal framework under which it functions and develops.It is permissive in nature as it allows individuals to form legal relations with rights and duties and restrictive nature as it punishes ,the wrong -doer .These law referred to as Municipal laws.The world today requires a framework through which interstate relations be developed.It is called International law and it fill the gap for this.

Each country in the world formulated laws to govern the society in an efficient manner and ensure peace and security.

Similarly,at the international level,when centuries come together at a common platform to formulate law that governs intercourse between them,it is referred as “INTERNATIONAL LAW”.

ASYLUM

The term “ Asylum” , which has been derived from a Greek word, is “ASYLON” and it means “Freedom from “Seizure.”

Generally ,we understand that Asylum is a Legal protection granted to the people who have fled their home countries due to war ,conflict,persecution and fear of persecution etc…. It is possible in a country either as a permanent or temporary period.

  • A person who seeks International Asylum i.e.,An Asylum seeker is known as an “ASYLEE”.

  • The person for whom Asylum is established has no legal right to demand it,and the sheltering state has no obligation to grant it.

The right of Asylum fall into 3 basic categories :

  1. Territorial Asylum

  2. Extraterritorial Asylum

  3. Neutral Asylum.

1) Territorial Asylum :

Territorial Asylum is granted protection within the territorial boundaries of the state offering Asylum and is an exception to the practice of extradition.

Illustration:

  • In an individual ,’A' from Syria comes to India and applies for Asylum due to the horrifying condition in Syria and apprehension of danger to his life.

  • If the individual is granted by the India government within the territory of the country itself,it is an example of Territorial Asylum.


2) Extraterritorial Asylum:

Extra territory refers to Asylum granted in embassies,legations ,Consulates,warships and merchant vessels in foreign territory and is thus granted within the territory of the state from which protection is caught.


3) Neutral Asylum:

Neutral Asylum is employed by a state exercising neutrality during a war to offer Asylum within its territory to troops of a belligerent state ,provided that the troops submit to the international community for the duration of war.


BENEFITS OF THE ASYLUM

When the person is leaving their home and moving to a different country without having any certainty about future settings is the biggest challenge facing in the human lives

  • It provides freedom from torture (or) degrading treatment.

  • They are imbibed with the right to freedom of opinion and expression.

  • It is basically granted to save the lives of people from the local authorities.

  • Humanitarian grounds shall always prevail in Asylum.

  • Their families stay protected at a place where they no longer have to worry about their lives.

PROTECTION GRANTED TO THE ASYLUM PEOPLE IN INDIA

The treatment of Asylum seeker was classified into 3 categories:

1) NATIONAL TREATMENT :

Asylum seekers receive the same national care as Indian people.The Indian constitution rights of all Indian citizens.


2) TREATMENT THAT IS ACCORDED TO FOREIGNERS:

Under this,there are rights relating to house issues, movements and so on.The right to work (or) exercise a career is protected under Article 17, Freedom of residence and movement is protected under Article 26 of the 1951 Refugee convention.


3) Special Treatment :

Article 28 of the 1951 Refugee Convention provides for the protection of one’s identical travel paper ,as well as an exemption from fines.


WHAT HAPPENS IN DALIAI -LAMA’S CASE?

The famous DALAI-LAMA who is also seen as the Buddha’s incarceration entered Indian territory in April 1959.Then Prime minister Jawaharlal Nehru respectfully welcomed him and praised him.

  • Dalai -lama flaws from China to India because of the indictments of the Chinese Counist party .

  • The Chinese ambassador directed the Indian government to send Daliai -lama back.

  • India has immediately followed by the 1951 Refugee convention as Dalai -Lama is fits the category, has issued the political asylum to him.

  • This made him Dalai -Lama to seek Refugee status in India and subsequently refused to convey his statement to the Chinese government.

  • After Independence,India faced the first Case of Dalai -lama issue in Scenario on Refugee law.

  • As the Dalai -lama’s presence in India as a Political refugee.

  • This had badly constrained the relations between India and China

  • As we are facing so many problems and as many controversial issues regarding borders even today also.


VOTING RIGHTS:

The refugees were given foreigner ‘s status hence they were not eligible to vote in the Indian elections.

The ELECTION COMMISSION OF INDIA on February 7,2014,issued a directive to the states to enroll Tibetans born between January 26,1959 and July 1,1987 ,as under of the citizenship act Tibetans born between the years were eligible citizens of India. These decisions also mostly or deeply impact on the diplomatic relations of India and China.



INDIA- CHINESE RELATIONS OF POST ASYLUM

Prime minister Jawaharlal Nehru ,in 1959,gave the decision of providing asylum to the Dalai -lama ignoring Chinese warning against it.There have been several border issues with increasing rivalry over the years.As tracing back to the one decision made by the prime minister leading to mistrust.

  • The privileges and benefits provided to Tibetan refugees have created a wave fluctuation in the relations with China.

  • This encouraged China to form agreements on matters and created boundary issues.

  • And it witnessed a border war in 1962 between India and China.

  • And 1976 was again a new beginning for both the countries as they resumed diplomatic relations after a gap of 15 years.

  • As Chinese again they tried to intrude into the boundaries of India like in Ladakh ,Depsang in 2013.


CONCLUSION

Finally I conclude that the Asylum is a process of giving protection to the foreign member without any legal proofs and documents .And the person who seeks Asylum is called ASYLEE. And the best example for the Asylum is The citizens of Tibet and Dalai -lama was escape from their nation and fled in Arunachal Pradesh due to the fear of assissination and brutal suppression of the Tibetan national uprising in Lhasa by Chinese troops.This knowns as One of the most fantastic escapes in the history.And the Dalai -lama is an Nobel peace prize winner.

And India is standard of humanitarian services and looks into the matter with better policies and laws for the refugees.



This article is written by Ayitha Prasanna of Sri Padmavathi Mahila Vishvavidyalayam.

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