File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Asylum Stops Where Extradition Begins

The word Asylum is Latin and originates from the Greek word 'Asylia' which means inviolable place. The term is applied to those cases where the territorial State refuses to capitulate a person to the requesting state and provides accommodation and protection in its own territory.

Therefore asylum involves two components, firstly, a shelter which is more than short-term protection; and secondly, a level of active protection on the part of the authorities having power over the territory of asylum.

Article 14 of the Universal Declaration of Human Rights recognizes the right of people to ask for protection from prosecutions of the sovereign authorities. Anyone can go to a different country and seek asylum. This right is also accessible for refugees who have committed political crimes. . But this is provided on the condition that if your crime violates UN principles, then you are not entitled to seek asylum.

When there is a terror that the requesting States shall behave in a ruthless way with the surrendered person against the rules of the Civil Society, asylum is allowed by a territorial state.
The asylum is a political action and is connected with the characteristics of sovereignty. A supreme state is free to allow asylum to a person and it is always hidden with some political purpose. But sometimes it is extended for the maintenance of democratic norms, peace, human rights, and serving of some greater social purpose of the society as a whole.

Example - Dalai Lama's Asylum
India in the year 1959 gave territorial asylum to the Dalai Lama and his followers who were oppressed by the repressive policies of China.

The word extradition is derived from the two Latin words ex and traditum. In general, it could mean 'criminal delivery or 'refugee surrender'.Extradition can sometimes be defined as the surrender of an accused or a convicted person who is found in his or her territory in the State on whose territory he is charged to have committed or to have been convicted of a criminal offense.

In extradition two states are involved i.e.
Territorial state -a State where an accused is found.

Requesting State- a State where the crime has been committed.

A state which insists the surrender is known as requesting a State because a person is surrendered by the territorial State only upon a call by another state. A request is made usually via the diplomatic channel. The application for extradition of a person differentiates extradition from other measures such as expulsion and deportation where an unwanted person is forcibly removed.

The opposite of Asylum is Extradition whereby, the person taking shelter in another state is arrested by the government agencies of that state and surrendered to the requesting state. Extradition can be used as an obligation and duty if the territorial state for the surrender of the person seeking Asylum if there exists a treaty for the same between the territorial state and requesting state or there is a common treaty or convention where both the states happen to be a signatory.

Extradition is the method of bringing back a criminal to the state where he has committed the crime when he has escaped from such a country.

Generally, each country has its own laws in respect of the process of extradition. In India, The Extradition Act of 1962 governs the process of extradition. Requests for extradition on behalf of India can only be made by the Ministry of External Affairs and not anyone in the public.

Example -Extradition of Vijay Mallya
Vijay Mallya, the owner of Co. Kingfisher took a loan of more than Rs. 9000 Crores and fled to the U.K. on March 2, 2016. The government of India decided to seek extradition of him from the U.K. on February 2017, India made a formal request for extradition of Mallya as per the extradition treaty. As a first step, Vijay Mallya was arrested by Scotland Yard and was presented before the U.K. court. This case is still pending in court as of now.

The authorization of a state to grant asylum to a person overlaps to a definite extent with its freedom to refuse extradition of that person at the request of some other state. The moment it is decided to extradite a person seeking shelter or living secretly or having granted Asylum in the territorial state on the request of Interpol or requesting state, the cover of Aslyum is broken and the person is extradited that is handed over to the Government agencies of the requesting state.

Starke has affirmed that asylum stops where extradition begins. Extradition and Asylum are political acts of States and it differs from state to state depending upon treaties, internal and external policies, and this interdependence makes it suitable to consider the two subjects together.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly