ASYLUM

Abstract

The word Asylum is latin and derives from the Greek word 'Asylia' which means invoiable places. The term is referred to those cases where the territorial state declines to surrender a person to the requesting state, and provides shelter and protection in its own territory.

Asylum, understood as ‘the protection that a State grants on its territory or in some other place under the control of certain of its organs to a person who comes to seek it., is a well-known institution in international law and its historical roots in state practice are well established. Asylum is different from refugee status, as the former constitutes the institution for protection while the latter refers to one of the categories of individuals –among others- who benefit from such protection and the content of that protection.

Clearly state has right to expel aliens generally, and a state has a right to grant asylum to aliens, but the question is whether  an individual has right to asylum opposable to the state's right to expel. It is commonly understood that there no such right exist. Treaty obligations discussing "right to asylum" are understood in various ways, generally not to provide for a right to receive asylum but apply for it. However past few decades have shown a growth in conventions addressing asylum especially, but not limited to European context. With refugee flows being an inherently being an international concern with a need for durable solutions.

The paper will proceed broadly in various sections viewing the issue from different perspective. Paper will begin by examining "meaning of asylum then it will further proceed to types of asylum, right to asylum from the perspective of the state, reasons for asylum, forms of asylum cases dealing with political asylum, asylum in context of India. The paper will conclude that the "right to asylum is helpful or not ". In essence states have right vis a vis other states to grant asylum to aliens and not have that act be viewed as hostile.