Principle of Non-Refoulement and Indian Judiciary: an Analysis

India has followed vasudhaiva kutumbakam since time immemorial. In 1959, India gave refuge to Dalai Lama with of his one lakh followers. During Pakistan-Bangladesh War approximately 1 crore refugees came to India. India has accepted refugees from various neighbouring countries like Rohingya from Myanmar, Sri Lankan Tamils from Sri Lanka, Chakma from Bangladesh etc. Till 2023, 46569 refugees were registered with UNHRC in India. India has not signed Convention Relating to Status of Refugees 1951 and its Protocol, 1967 still India follows its core principle of non-refoulement by not deporting refugees where they have fear of persecution due to religion, race, membership of a particular social group, nationality, or political opinion. Constitution of India provides various fundamental rights to both citizens and non citizens, ranging from right to life, liberty, equality, etc. By various judicial pronouncements Indian judiciary has read principle of non-refoulement into Article 21. Recently in the case of Mohammad Salimullah vs Union of India, 2021 Supreme Court held that “the right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of the territory of India guaranteed under Article 19(1)(e)”. In this article the authors will dive deep into the principle of non-refoulement from perspective of Indian Judiciary.