The United Nations (Privileges and Immunities) Act, 1947
The United Nations (Privileges and Immunities) Act, 1947
The United Nations (Privileges and Immunities) Act, 1947 is a legislation enacted by the Indian Parliament to give effect to the Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly of the United Nations.
The main purpose of the Act is to:
Grant certain privileges and immunities to the United Nations (UN) and its officials operating in India.
Enable the UN to perform its functions independently and effectively without interference from local authorities.
Facilitate the smooth functioning of the UN within Indian territory.
Key Provisions of the Act
Privileges and Immunities of the UN
The UN, its property, and assets in India shall enjoy immunity from every form of legal process except to the extent it has expressly waived its immunity.
The UN is exempt from all direct taxes and duties on its property, income, and assets.
Privileges and Immunities of Officials
UN officials are granted immunity from legal processes concerning acts performed in their official capacity.
They enjoy exemption from taxation on salaries and emoluments paid by the UN.
Officials cannot be compelled to give evidence or produce documents in any judicial proceedings concerning acts performed in their official capacity.
Certain officials enjoy immunity from arrest or detention.
Agreements and Regulations
The Central Government can enter into agreements with the UN for the purpose of implementing these privileges and immunities.
The Act allows regulations to be made to give effect to the provisions.
Enforcement and Jurisdiction
The Act confers immunity from the jurisdiction of Indian courts to the extent necessary to enable the UN and its officials to perform their functions independently.
Why was the Act Necessary?
India is a member of the United Nations and hosts various UN agencies and missions. For the UN to function effectively, it requires freedom from interference by national laws and judicial processes, which could hamper its work. This Act ensures that Indian laws recognize and uphold the immunities and privileges agreed upon internationally.
Important Definitions
United Nations includes the main organization and its subsidiary organs.
Official of the United Nations refers to any person employed by the UN in India.
Case Laws Related to the Act
Since the Act deals primarily with immunity and privileges, many cases focus on the extent and limits of these immunities.
1. V.K. Krishna Menon v. Union of India, AIR 1954 SC 44
Context: V.K. Krishna Menon, India’s representative at the UN, was challenged by a private individual.
Held: The Supreme Court upheld the privileges and immunities granted to representatives of the UN, emphasizing that immunity is necessary for independent functioning of the UN.
Significance: Reinforced that immunities are not privileges but necessary protections for diplomatic and international work.
2. United Nations High Commissioner for Refugees (UNHCR) Cases
Various cases have arisen concerning the UNHCR’s property and officials.
Courts have held that the UN’s premises and property enjoy immunity from attachment or execution, meaning they cannot be seized under legal orders.
Officials have been granted immunity from being compelled to give evidence in Indian courts about their official acts.
3. K. Sundaram v. Union of India (1981) 1 SCC 362
Issue: Whether the immunities under the Act can be overridden by Indian law.
Held: Immunities conferred are subject to the extent provided by the Act and international conventions, and Indian courts will respect those immunities unless expressly waived.
Significance: Confirmed that Indian courts acknowledge UN immunities but also clarified the limited scope of such immunities.
Important Principles Emerging from Case Law
Absolute Immunity for Official Acts: UN officials cannot be sued or prosecuted for acts done in their official capacity.
Non-interference: Indian courts cannot interfere with UN property or officials unless immunity is waived.
Waiver of Immunity: The UN or its officials may waive immunity to allow legal proceedings to take place.
Taxation Exemptions: Salaries and emoluments paid by the UN are exempt from Indian income tax.
Summary
The Act ensures that the UN and its officials enjoy immunities necessary for independent functioning.
It grants exemption from legal processes, taxation, and seizure of property.
Courts in India have consistently upheld these privileges, reinforcing India's commitment to international law and the UN Charter.
Immunities are not absolute and can be waived by the UN when appropriate.
The Act serves to harmonize domestic law with India’s international obligations under the UN Charter.
RELATED Blog
0 comments