New Delhi, Aug 20: Aga Syed Muntazir Mehdi, a researcher, made a strong case for the inclusion of the principle of non-refoulement, a fundamental tenet of international refugee law.
During a recent brainstorming session on the proposed Bill on Refugee Laws, Mehdi emphasised the importance of Parliament upholding this customary principle, which has been recognized in several judicial cases through the interpretation of Fundamental Rights, particularly Articles 21 and 14 of the Indian Constitution, which ensure protection to all persons, including asylum seekers and refugees.
In his detailed reading of the draft Bill, Aga argued that the Government of India (GOI) should respect non-refoulement as a basic right for asylum seekers and refugees. “This right should be upheld regardless of the provisions of the Foreigners Act, which grants the government the authority to deport individuals,” he said.
He urged that the principle of non-refoulement must take precedence to ensure that asylum seekers are not forcibly returned to a country where they face threats to their life or freedom.
The brainstorming session, attended by 39 other participants from diverse backgrounds, involved the presentation of various policy recommendations. These recommendations, including those put forth by Aga Syed Muntazir Mehdi, will be compiled and forwarded to the Government of India for consideration in the upcoming legislative process.
