Changing Contours of Refugee Definition with Respect to Critical Analysis of 1951 Refugee Convention

Abstract

ABSTRACT This thesis elaborates the refugee definition as described under Refugee Convention 1951 and 1967 Protocol. In this project article it has been shown as to how with changing circumstances the existing definition of refugee is improvised to include different phenomenon. Also there has been explicit mention of comparative analysis between Convention and the regional treaties. There are people who are compelled to seek refuge due to their sexual orientation or due to evil practices that are carried on in the name of religion. In such a case the term persecution has been given a broader meaning to include all such activities also that are not mentioned in the existing convention. Furthermore importance of having a national framework is elucidated along with suggestions of having durable solutions for refugee problems. RESEARCH METHODOLOGY AIM AND OBJECTIVE OF THE STUDY The aim of this dissertation to understand changing contours of definition of refugee under refugee convention 1951 and 1967 protocol and its implication to contemporary problems. SCOPE AND LIMITATIONS The scope of the project is limited to comparative analysis of three regional treaties that are of United States of America, European Union and African Continent in chapter II. While in chapter III, two case studies, the one that deals with people who seek asylum due to their sexual orientation and other who face wrath of community because they belong to particular group in society and are discriminated against in name of custom and tradition are discussed. Specific provisions of Model law on refugees and constitutional aspects are explained. METHODOLOGY

The methodology adopted is largely analytical and descriptive. Reliance has been placed largely on secondary sources like articles. RESEARCH QUESTIONS Whether the regional treaties are improvement over the 1951 Refugee Convention? Whether there is lacunae in 1951 Convention and 1961 Protocol? Whether the above mentioned convention is in sufficient to comply with present problem of discrimination on basis of sexual orientation and gender? What are the considerations usually present while using this defense in a criminal case? Whether Indian law is sufficient to deal with refugee problems? Whether the durable solutions that deal with refugee solutions are sufficient to deal with refugee problems? HYPOTHESIS The 1951 convention along with 1967 Protocol were basically drafted to deal with refugee issues after World War II. There is ardent need of change in this convention with changing scenarios in world community at large. MODE OF CITATION A uniform system of citation is followed throughout in the contents.