Q: Describe Asylum and types of Asylum ?

Ans: Asylum is a Latin word which derives its origin from the Greek word " Asylia" which means freedom from seizure.

Asylum means to give protection or shelter to person of one country by another country who is criminal or wanted person.

There is no legal definition of Asylum but it can be understood as legal protection  granted to the people who have fled their home countries due to warship, conflict, persecution or fear of persecution.

Suppose a person commits crime in India and the fled to Dubai. The Dubai Government provides shelter and protection to that person instead of handing over the person to Indian Government.  It is called an Asylum.

A person who seeks international Asylum i.e., an Asylum seeker is known as an asylee.

The following are the laws that grants asylum to refugee: 

Universal declaration of Human rights( UDHR): 

Refugee convention 1951

Vienna declaration on human rights and programme of action and convention on political Asylum, 1993.

Article 14 of UDHR  protects the right to Asylum.

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

Article 14(2) mentions that an individual has such criminal record that is not acceptable as per the principles of United Nations can not seek Asylum and the right to Asylum will be denied.

India is not a party to UDHR.

Article 33 of refugee convention also prohibits the explusion or return of refugees and Asylum seekers if their life or freedom is in danger based on race, religion, membership of a social group, political opinion or nationality.

Right to Asylum is not a right of refugee but it is on the discretion of state where refugee wants to get settled.

Kinds of Asylum:

1. Territorial Asylum: 

It is granted in the territorial boundary of the state providing Asylum.

Illustration:

If an individual A from Bangladesh comes to India and applies for Asylum due to horrifying condition in Bangladesh and apprehension of danger to his life and the Indian government provides asylum to that person in the territory of India , it is territorial asylum.

The asylum was given by India to Dalai lama and his followers in India in 1955 as those people were facing atrocities for a long time in China.

Extra territorial Asylum:

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

Illustration: If 'A' from USA approaches to US embassy in India for grant of Asylum due to imminent danger to his life .

If the US embassy which is in Delhi grants the Asylum, it becomes an example of extra- territorial Asylum.

Diplomatic Asylum: In such a case, a state providing Asylum in its embassy established in a foreign state is called diplomatic asylum.