Principle of Non-Refoulement

Definition

A principle of international refugee and human-rights law that prohibits a State from returning a refugee or asylum-seeker to a country where they face a serious risk of persecution, torture, or other irreparable harm.

Key points

• It is the cornerstone of the 1951 Refugee Convention and its 1967 Protocol, administered with the help of the United Nations High Commissioner for Refugees (UNHCR).
• India is not a signatory to the 1951 Refugee Convention or the 1967 Protocol and has no domestic refugee law, dealing with refugees on a case-by-case basis under the Foreigners Act, 1946, and related laws.
• Despite not signing the convention, India has historically hosted large refugee populations (such as Tibetans and Sri Lankan Tamils), and the principle is often invoked in debates over deportation.
• The principle has been linked to constitutional protections, since the Supreme Court has held that the right to life and liberty under Article 21 extends to non-citizens as well.
• It connects to current debates on illegal migration, the Citizenship (Amendment) Act, and border management in the North-East.

Why it matters for CAPF

Refugee protection and migration are live security and human-rights issues for India's borders; the principle, India's non-signatory status, and the Foreigners Act framework are valuable for the human-rights lens.

Common confusion

Non-refoulement bars sending people back to danger, but India is not a party to the 1951 Refugee Convention and has no dedicated refugee law, handling cases under the Foreigners Act, 1946. A "refugee" (fleeing persecution) is conceptually different from an ordinary "migrant" or "illegal immigrant".

Related concepts

concept geneva conventions, concept nhrc, concept fundamental rights, concept united nations system

Parent note

human rights and internal security