The High Court of Manipur recently comprising of a bench of Justice Sanjay Kumar & Mr Lanusungkum Jamir observed that Security under Article 21 of our Constitution will encompass the freedom to avoid a forced return of persons to a country where they would face persecution or death. (Nandita Haksar v. State of Manipur and Ors. )
The bench noted that Article 21 of our constitution on security would provide the freedom from oppression and protection from the risk of death for refusing to return to a place where they face the danger of being killed, provided that the presence of asylum seekers is not prejudicial to the country’s security.
Facts of the case
7 Myanmarese national fled to India, after a deadly military coup in their country. The military banned the Mizzima, an established Myanmarese media and news service, and arrested/detained several of its journalists. They fled their country fearing persecution and physical danger after the coup and the violence that broke out thereafter. They entered India and took shelter at Moreh in Tengnoupal district, Manipur. They sought the help of the petitioner as they feared that they would be sent back to Myanmar by the Assam Rifles, an Indian armed force, as they had come without proper travel documents.
Contention of the Parties
The Learned petitioner argued that Article 14 thereof declares that everyone has a right to seek and to enjoy in other countries asylum from persecution. India is also party to the International Covenant on Civil and Political Rights, 1966. This Covenant was entered into in recognition of the fact that certain inalienable rights of all members of the human family are the foundation of freedom, justice and peace in the world; and that these rights derive from the inherent dignity of the human person. Though India’s policy on ‘refugees’ remains rather opaque, if not obscure, and asylum seekers are straightaway branded as ‘foreigners’, if not worse, certain protections are guaranteed under Articles 14 and 21 of our Constitution even to those who are not Indian citizens.
In the case of National Human Rights Commission vs. State of Arunachal Pradesh & Anr. The SC observed that “We are a country governed by the Rule of Law. Our Constitution confers certain rights on every human being and certain other rights on citizens. Every person is entitled to equality before the law and equal protection of the laws. So also, no person can be deprived of his life or personal liberty except according to the procedure established by law. Thus, the State is bound to protect the life and liberty of every human being, be he a citizen or otherwise”
Learned counsel for Respondent contended that these seven people, who admittedly entered the country unlawfully, should suffer the repercussions of their illegal actions first, and that this Court cannot give them immunity despite flagrant breaches of domestic laws. He will also argue that the constitutional freedoms granted under Article 19 are exclusive to residents and that these seven individuals are not entitled to those freedoms under Articles 19(1)(d) and 19(1)(e) in terms of travelling freely or residing/settling in any part of India’s territory.
Courts Observation & Judgment
The Court while allowing the petition remarked, “On the above analysis, this Court finds it just and proper to extend protection under Article 21 of the Constitution to these seven Myanmarese persons and grant them safe passage to New Delhi to enable them to avail suitable protection from the UNHCR. Some of them seem to be in possession of their passports but in any event, their details and particulars have been noted by the Immigration authorities of our country. There shall accordingly be a direction to the FRRO at Imphal airport to immediately provide them with temporary identification cards to enable them to travel to New Delhi by air, if such identity proofs are necessary. The State and Central Governments shall facilitate their travel to New Delhi and shall not cause any obstruction. The petitioner/party-in-person states that she will make the required arrangements for purchase of their air-tickets and would also arrange for their stay at New Delhi, pending consideration of their claims for ‘refugee’ status by the UNHCR. This assurance is taken on record. Further, the petitioner/party-in-person shall ensure that these seven persons approach the Officer-in-Charge of the Parliament Street Police Station or the jurisdictional Police Station at New Delhi to register their names, local addresses and whereabouts, pending consideration of their claims.
The writ petition is accordingly allowed with the above directions.”
Read Judgment @Latestlaws.com
Picture Source :