Asylum:
Definition:
Asylum means giving protection to an alien who is accused of committing offences of political
nature. Asylum is the protection given to a person seeking it in a territory of another state.
Asylum is the right of a sovereign state to grant shelter and protection to a foreigner and refuse
his extradition. Persons genuinely seeking refuge from persecution are often referred as asylum
seekers.
Elements of Asylum:
Asylum involves the following two elements:-
(1) A shelter which is more than a temporary refuge. People who live in fear of being tortured or
killed by their govt., often seek asylum as do people who are persecuted for their religious or
political beliefs.
(2) A degree of active protection: On the part of authorities which have control over the territory
of asylum.
These two elements distinguish asylum from that of immigration. A person enjoying asylum may
be referred to as an asylee. Thus generally speaking the term “asylum” is used to designate the
protection which a State grants to a foreign citizen against his own government.
According to Universal Declaration of Human Rights , "Everyone has a right to seek and enjoy
in other countries asylum from protection."
Asylum is closely connected with extradition and both are interdependent, where asylum stops
extradition begins. Asylum is generally motivated by human consideration and involves an
adjustment between the legal claims of state sovereignty and the demands of humanity.
Kinds of Asylum:-
(1) Territorial Asylum:
Territorial asylum is the one granted by a state in its territory. Territorial asylum is not usually
granted to ordinary criminals. It is designed and employed primarily for the protection of
persons accused of political offences such as treason, desertion, Sedition, religious refugees. A
well known case is Dalai Lama of Tibet.
The Territorial Asylum has been further classified into:
(i) Political Asylum, i.e., for political defectors.
(ii) Refugee Asylum i.e., for those who fear persecution in their own country.
(iii) General Asylum i.e., for persons who have deserted their country to seek economic
betterment but do not enjoy the status of immigration.
The General Assembly said in the Declaration of territorial asylum (1967) that the grant of
asylum is a humanitarian act and it cannot be regarded as unfriendly by another state. But
states granting asylum shall not permit persons engaged in activities contrary to the purpose
and principles of the U.N.
Examples:
1) Idi Amin have been given by Saudi Arabia.
2) Baby Dok have been given asylum by France.
3) Dawood Ibrahim mafia Don is given asylum by Dubai Government.
4) Salman Rushdie for his controversial novel Satanic Verses given Asylum by Great Britain.
5) Taslima Nasreen a Bangladeshi writer for her novel Lajja granted asylum by Sweden.
6) Tiger Menon, wanted in Bombay Bomb blast case, granted asylum by Pakistan.
7) Dalai Lama and his followers was granted asylum by government of India.
(2) Extra-territorial asylum.
Asylum granted by a state not on its physical territory, but on its notional territory, like in a
legation and consular premises and on warships is called the extra-territorial asylum.
(i) Diplomatic Asylum. The granting of asylum in the legation (building inwhich diplomats
work) premises is known as diplomatic asylum. It should be granted as a temporary measure to
individuals physically in danger. It is an exceptional and controversial measure because it
withdraws the offender from the jurisdiction of the territorial state.
(ii) Asylum in the premises of International Institutions.
There is no general right or practice regarding granting asylum in the premises of international
institutions and of specialised agencies, even on humanitarian grounds. But temporary refuge in
extreme cases cannot be ruled out. e,g Najibullah, former president of Afghanistan sought refuge
in UN headquarters in Kabul, later he was killed by Taliban.
(iii) Asylum on Warships.
The warships and public vessels enjoy immunity under international law and it has been
claims that there exists a right of asylum on ships. Asylum in merchant ships cannot be granted
because merchant vessels do not have immunity.
