Principle against forcible return of refugees to country where they may face persecution part of Article 21: Manipur High Court

In granting interim relief to seven refugees from Myanmar, the Manipur High Court recently opined that principles against the forcible return of refugees to countries where they may face persecution is, prima facie, a part of Article 21 (right to life and personal liberty) of the Indian Constitution (Nandita Haksar v. State of Manipur and ors). .The Bench of Chief Justice Sanjay Kumar and Justice Lanusungkum Jamir passed the ruling while noting that India is a signatory to the Universal Declaration of Human Rights and also the International Covenant on Civil and Political Rights. .Pertinently, the Court also observed that the rights under Article 21 is applicable to non-citizens as well.."This Court is conscious of the fact that India is not a signatory to the Geneva Refugee Convention, 1951, or the New York Protocol of 1967. However, it is a party to the Universal Declaration of Human Rights and also the International Covenant on Civil and Political Rights. That apart, the protection afforded by Article 21 of the Indian Constitution is not limited to citizens and can be availed by non-citizens also. The principle against refoulement, i.e., the forcible return of refugees to a country where they are liable to be subjected to persecution, can prima facie be read into Article 21 of the Indian Constitution", reads the order. .The case concerned seven Myanmarese nationals, including three children, who had been taking refuge at Moreh in Tengnoupal District, Manipur. A plea had been moved by human rights activist and lawyer, Nandita Haksar urging the Court to direct the State of Manipur to provide safe passage to these refugees to Delhi, so that they may seek protection from the United Nations High Commissioner for Refugees (UNHCR), Vasant Vihar, New Delhi..The Court had earlier directed that instructions be obtained from the Union Ministries of Home Affairs, Defence, and External Affairs as well as the State authorities. However, during the last hearing on Tuesday, the Court was informed by the Government counsel that they were unable to obtain instructions and an adjournment was sought..Haksar urged the Court to grant the refugees interim relief by directing that arrangements be made to bring them from Moreh to Imphal in terms of a March 29 order, whereby the Manipur government had stated that it was taking all humanitarian steps, including taking the injured Myanmarese nationals to Imphal for providing them aid..However, ASG S Suresh referred to a March 10 letter issued by the the Ministry of Home Affairs (NE Division), Government of India stating that steps should be taken to prevent the possible illegal influx of people from Myanmar to India and that legal proceedings should be initiated against illegal migrants..The Court opined that these are all aspects that require further examination. In the meanwhile, however, the Bench took note of the request to protect the seven Myanmarese nationals given the constant threat of deportation they faced from the authorities. .In view of the same, the Court directed that pending further orders, "no coercive steps or adverse action shall be taken in relation to these 7(seven) Myanmarese persons, be it by the State or by the Central Government authorities.".The Bench took on record Haksar's undertaking to accompany the Deputy Commissioner, Tengnoupal to the place where the seven refugees were in hiding so that they may be safely transported to Imphal under appropriate escort. Haksar also undertook to provide them residence and boarding at Imphal. .The Court left it open to the State to provide necessary security once these refugees are taken to Imphal "so as to ensure their protection and also to curb their further movement." .Further, the District authorities at Moreh were permitted to take these refugees to the Senior Immigration Officer at Moreh for the purpose of noting their details and also obtaining their biographic and biometric particulars, before they are taken to Imphal. .The matter is slated to be taken up next on April 26. .RK Umakanta, AGA, appeared for the State authorities. ASG S Suresh, appeared for the Central Government. The petitioner, Nandita Haksar, appeared party-in-person. .[Read Order]