Discuss the law on extradition. The procedure for granting asylum and approving extradition requests differ significantly. Explain.

Extradition: Legal Framework & Procedure

Extradition is governed by treaties between states, as national laws generally authorize their executive branches to negotiate and implement such agreements. The principle of aut dedere aut non tradere (either surrender or do not hand over) lies at its core.

Key Legal Principles

• Double Criminality: The offence must be a crime in both the requesting and requested states.
• Specialty: The extradited person can only be prosecuted for the offences specified in the extradition treaty.
• Rule of Non-Self Incrimination: The individual cannot be compelled to testify against themselves.

Procedure in India

1. Extradition Request: A formal request is made by the requesting state through diplomatic channels.
2. Magistrate's Inquiry: A Magistrate court examines whether the requirements of the extradition treaty are met, particularly double criminality and absence of bar to extradition (e.g., political offenses). The Extradition Act, 1955 governs this process.
3. Union Government’s Decision: Based on the Magistrate's order, the Union government decides whether to approve or reject the request.
4. Appeal: The individual can appeal against the Magistrate’s order to the High Court and further to the Supreme Court.

Asylum: Legal Framework & Procedure

Unlike extradition, asylum is not primarily governed by treaties but by national laws and international conventions like the 1951 Refugee Convention. While there's no treaty obligation for states to grant asylum, customary international law recognizes a right of non-refoulement – not returning someone to a place where they face persecution.

Key Legal Principles

• Well-Founded Fear: The applicant must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group or political opinion.
• Non-Refoulement: A fundamental principle prohibiting the return of refugees to countries where they face persecution.

Procedure in India

1. Application: An individual applies for asylum through diplomatic channels or directly to UNHCR (United Nations High Commissioner for Refugees).
2. Verification: Authorities assess the applicant's claims, often involving interviews and document verification. India is not a signatory to the 1951 Refugee Convention, so its policy is ad-hoc.
3. Decision: The government decides whether to grant asylum or other forms of protection (e.g., long-term visas). There’s no formal appellate mechanism.

Differences in Procedure – A Comparative Analysis

Feature	Extradition Request	Asylum Application
Legal Basis	Treaties & National Laws (e.g., Extradition Act, 1955)	National Laws & International Conventions (1951 Refugee Convention – though India is not a signatory)
Role of Judiciary	Significant; Magistrate courts conduct inquiries and individuals can appeal.	Limited; Primarily administrative decision-making by the executive branch.
Sovereignty vs. Humanitarianism	Prioritizes state sovereignty & criminal justice cooperation.	Balances humanitarian obligations with national interests.
Process Transparency	Relatively transparent, involving judicial oversight and appeals.	Often opaque, lacking formal procedures and appeal mechanisms.

Reasons for Discrepancies

The significant differences stem from the contrasting objectives of extradition and asylum.

• Sovereignty & Reciprocity: Extradition agreements are based on mutual trust and cooperation between states in combating crime.
• Humanitarian Concerns: Asylum is rooted in humanitarian principles, providing refuge to those fleeing persecution – a responsibility often viewed as moral rather than legal.
• Political Considerations: Asylum decisions frequently involve complex political factors, impacting diplomatic relations and national security. The Rohingya refugee crisis exemplifies this tension.

Case Study: Vijay Mallya Extradition - The extradition of Vijay Mallya to India highlighted the legal hurdles involved, including challenges related to double criminality and human rights concerns about conditions in Indian prisons. This case underscores the complexities of balancing sovereign interests with due process guarantees. The Refugee Action Plan (RAP) - Although not a formal scheme for asylum seekers, this initiative aims at improving coordination between government agencies involved in refugee management and providing support to vulnerable refugees in India. (Launched 2019)