Nandita Haksar v State of Manipur and Others, W.P.(Crl.) No. 6 of 2021
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What was at stake
Whether Myanmar nationals, including journalists and children who entered India without documents after the Myanmar coup, could be protected long enough to approach UNHCR.
What happened
Myanmar nationals, including journalists and children, fled to India without documents following the February 2021 military coup in Myanmar. They were detained or at risk of deportation in Manipur. Nandita Haksar filed a writ petition seeking protection for these individuals and safe passage to Delhi to enable them to approach the United Nations High Commissioner for Refugees (UNHCR).
What the court decided
The Manipur High Court held that Article 21 protects foreigners and that non-refoulement is encompassed within the right to life and personal liberty, subject to security concerns, then ordered safe passage to Delhi to approach UNHCR.
How the court got there
The Manipur High Court held that Article 21 of the Constitution, which guarantees the right to life and personal liberty, applies to all persons within Indian territory regardless of citizenship. The court found that the principle of non-refoulement—prohibiting the return of persons to countries where they face persecution—is implicit in Article 21. While security concerns may be considered, they must be balanced against fundamental rights. Accordingly, the petitioners were granted protection and ordered to be provided safe passage to Delhi to approach UNHCR.
Statutes and cases cited
- § Article 21 of the Constitution of India
- § 1951 Refugee Convention
- § 1967 Protocol Relating to the Status of Refugees
- MMAIF v. Union of India (M70/2011)
Categories
Authoritative link
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