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| Right to Asylum |
The recent case of
Snowden has aroused much interest on this topic. Mr. Snowden requested more
than 20 countries including India for Asylum.
However, India rejected
his request stating that the Government
was guided by a number of considerations, including the nature of his request
and the legal implications of this issue. It was evident at that stage, that
there was no specific clarity on Mr. Snowden's concerns regarding his
apprehensions to his safety and security. Further, since it was unclear at that
stage what the charges were against Mr. Snowden in the United States of America
(his country of origin) and his legal status in the Russian Federation, where
he was at the time of requesting political asylum, it was not possible to make
a definitive determination on the legal implications for India if his request
were entertained. Government therefore decided that there were insufficient
reasons for India to offer any form of shelter or refuge to Mr. Snowden[1].
This raises a
very important question regarding the status of Right to Asylum in India and in
other countries. Before undertaking this exercise, we must understand what
exactly the Right to Asylum is.
Asylum is a
Latin word but originates from a Greek word “asylon” which means freedom from
seizure. The practice of Asylum is very old and during ancient times, temples
and other such holy places used to provide refuge. Let us understand the types
of Asylum in this regard.
1. Extra-Territorial Asylum- It points to the asylum given within the territory of the state from which refuge is sought. It refers to asylum in legations and consulates, and on warships and merchantmen in the ports of the state from which the individual seeking refuge is trying to escape. In this respect it differs from 'territorial' asylum, which is granted within the territory of the state which gives it.[2]
2. Seeking Asylum at Embassies- This means the Asylum granted at an Embassy of a Nation. This is quite similar to Extra-territorial Asylum. A good example is that of Julian Assange who sought refuge at Ecuadorian Embassy.
3. Territorial Asylum- Territorial asylum is granted within the territorial limits of the state offering asylum and is an exception to the practice of extradition. It is designed mainly for the protection of persons accused of political offenses such as treason, desertion, sedition, and espionage from persecution.[3]
Regardless of
its lengthy past, there is no universal definition of “Asylum” which is
agreeable to all. Still, there are some indicators in this regard such as
admitting a person to the territory, permitting the person to stay for a
considerable amount of time, abstaining from expelling the person, refraining
from extradition, not restricting the person's liberty etc.
After reading
widely on this topic, I find that there are three aspects attached to the Right
to Asylum[4].
1. The Right of a State to Grant Asylum.
2. The Right of an Individual to seek Asylum.
3. The Right of an Individual to be granted Asylum.
To be continued.....
[1] This was answered by THE
MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS (SHRI E. AHAMED) for the
Unstarred Question No.513 in the Rajya Sabha on 08.08.13.
[2] Extra-Territorial Asylum;
Morgenstern, Felice ,25 Brit. Y.B. Int'l L. 236 (1948).
[4] Roman Boed, The State of the
Right of Asylum in International Law, 5 Duke Journal of Comparative &
International Law 1-34 (1994).
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