The Right to Consular Access in Light of Kulbhushan Jadhav Casen

Ritika Ritu and Aditya Kumar
LL.M., National University of Study and Research in Law, Ranchi, India

Volume II – Issue I, 2020

The concept of consular access has been in limelight in recent past and developed gradually over time. Vienna Convention on Consular Relation is one of the important documents dealing with the consular relation between the parties. Consular access is the ability of foreign nationals to have access to embassies of their own nation in the nation who is hosting him. The said Convention that ie. VCCR confers rights on person and only benefits whereas the statutory right is vested with the state whose citizen that individual is. A state becomes party to any such convention in order to protect itself from any kind of miscarriage of justice by the parties to the Convention. Therefore, it is the right of every individuals to take these international commitments more strictly and grant such right not only as a matter of discretion rather as a matter of right. This paper would highlight the issues revolving around the high profile case of Kulbhushan Jadhav and all the issues has been addressed from a legal point of view. Furthermore, this article has also tried to justify the principle of natural justice and pacta sunt servanda which necessary to avoid any inaccessibility to justice.

Keywords: Vienna Convention on Consular Relation, Natural Justice, Pacta sunt servanda, Consulate, Discretion, Right, Justice


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