Where the Water Is Safer Than Land: an Analysis of the Principle of Non-Refoulment and Requisites for an Effective Migration Security Paradigm
Dishani ShettyJan 1, 202613 pages
The principal of non-refoulment is a key principle under international human rights and proposes for non-deportation of any individual where they might face inhumane treatment or irreparable harm. The migrants in such situations undergo a triple syndrome wherein they are vulnerable and are at risk of facing harm from their native country, non-state entities faced while escaping native country and harm face in destination country. While some nations around the world have adopted this principle, most nations fear that providing refuge to immigrants might lead to breach in their national security. While that may be a valid concern, most nations use this threat as a way of avoiding the infiltration of immigrants in their nation’s population or choose to discriminate between immigrants from different countries based on their nationality, religion, race, etc. The author has delved into the harm faced by immigrants, international frameworks against the same and the security paradigm set up by countries to move their own political agenda. The author has analysed the paper from both a global and an Indian perspective and has further analysed the Indian government and judiciary’s difference of treatment to Rohingyas from Myanmar and refugees fleeing from Afghanistan and has provided for factors involved in formation of a uniform security paradigm.