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CONCEPT OF ASYLUM UNDER PUBLIC INTERNATIONAL LAW 

This article is written by SHRWAN KUMAR 3YDC 4TH SEMESTER  ,ITM UNIVERSITY( SOL) GWALIOR,M.P. during his internship with Le Droit India.

What is Asylum? 

Asylum is Latin word and it derives it’s origin from a Greek word “ Asylia”Which means ‘freedom from seizure’. Asylum means to give shelter or protection to person of one country by other country which is criminal or wanted person. There is no specific definition of Asylum but it can be understood as a legal protection granted to the people who have filed their home countries due to warship, conflict, persecution, or fear of persecution.  

A person who seeks international Asylum i.e. an asylum seeker is known as an Asylee’. 

Article 14 – UDHR 

Article 14 (1) provides that Everyone has the right to seek and to enjoy in other countries asylum from persecution”. 

Any  person who has a criminal record of anything which is not acceptable as per the principles of the United Nations, cannot seek asylum. 

*India is not party (not member/as a member )to the UDHR / of UDHR. 

Refugee Convention, 1951  

Article 33 – prohibits the expulsion or return of refugees and asylum – seekers if their life or freedom is in danger based on their race, religion, membership of a social  group, political person, or nationality. 

Kinds of Asylum  

1. Territorial Asylum  

2. Extra Territorial Asylum  

3. Diplomatic Asylum  

1. Territorial Asylum  

It is granted in the territorial boundary of a state providing asylum. 

Illustration  

  1. If an individual “A” From Pakistan comes to India and applies for asylum due to the horrifying condition in Pakistan and apprehension of danger to his life. 

2.If the individual is granted by the Indian government within the country itself, it is an example of territorial asylum. 

3.The asylum was given by India to Dalai Lama and his followers in India in 1935 as those people were facing atrocities for a long time in China. 

2. Extra Territorial Asylum  

This form of asylum is usually granted by a state beyond its state    territory and usually a t places which are not a part of its physical territory. 

example-If “A” From USA approaches the US Embassy in India foe grant of asylum due to imminent danger to his life. 

If the US Embassy grant asylum,  it becomes an example of Extra – Territorial Asylum.  

Extra Territorial  Asylum is based on the framework of International Law Conventions. 

3. Diplomatic Asylum  

In such case , a state providing in its Embassy established in a foreign state is called Diplomatic Asylum.  

Extradition and Asylum  

Asylum ends where Extradition initiates. 

*Asylum is providing protection and a safe place by the host country to all those who have been  exposed to risk and persecution and therefore have left their home countries.  

*Extradition is the process of sending  back a fugitive by one country to another, the main  purpose is to criminally prosecute the fugitive. 

Important Case  

Colombia v. Peru (1950) 

Law on diplomatic asylum. 

Diplomatic asylum  is derogation of territorial sovereignty and it should not be recognized unless in each case a legal basis is established. 

The state providing such a grant must prove that it has the right to grant diplomatic Asylum and it should be respected by the territorial State 

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