← All questionsGS4 · 2021 · Ethics Theory ·Non-refoulement and Democratic Ethics
QUESTION 5(a)
GS4
10 marks

“Refugees should not be turned back to the country where they would face persecution or human right violation.” Examine the statement with reference to ethical dimension being violated by the nation claiming to be democratic with open society.

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7 min
150 words

What the examiner wants

Examine the ethical failure when a democratic, open society sends refugees back to persecution.

ExamineGo into the details, test each point against evidence, and conclude on what it shows.

Demand-wise check

  1. 1Principle of non-refoulement; customary international law≈30 words
  2. 2Ethical dimensions violated: right to life and dignity, compassion, consistency with democratic values, global responsibility≈30 words
  3. 3Counter-concerns: security, resources, demographic fears≈30 words
  4. 4India: not a party to the 1951 Convention but has a record of sheltering refugees (Tibetans, Sri Lankan Tamils); Rohingya debate≈30 words

Open in about 20 words and close in about 20.

Answer plan

MeaningEthical dimensionsCounter-argumentsIndia's positionBalanced conclusion

Where marks usually go

  • Legal answer only, without ethical dimensions
  • No counter-view on host-state security, resource strain and demographic fears

Draw this

  • Balance: humanitarian duty vs security concerns

Value addition

  • LawArticle 33 of the 1951 Refugee Convention prohibits returning refugees to territories where their life or freedom is threatened.UNHCR
  • CaseNHRC v State of Arunachal Pradesh (1996): Article 21 protects Chakma refugees from forced eviction.Supreme Court of India

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