India’s Refugee Policy on Rohingya
Kartavya Desk Staff
Syllabus: International relations
Source: TH
Context: A recent report by The Azadi Project and Refugees International highlights critical gaps in India’s refugee policies concerning the Rohingya community.
Rohingya Issue:
• Background: The Rohingya are an ethnic Muslim minority in Myanmar, considered the world’s largest stateless population due to Myanmar’s refusal to grant them citizenship.
• Persecution: They have faced decades of violence, including genocidal campaigns by Myanmar’s authorities, compelling them to flee to neighbouring countries.
• Global Refuge: Nearly 2.8 million Rohingyas are dispersed across countries like Bangladesh, Malaysia, India, and Indonesia.
• In India: As per UNHCR, approximately 22,500 Rohingyas reside in India, facing challenges like lack of legal status, arbitrary detention, and human rights violations.
India’s Refugee Policy on Rohingyas:
• Legal Framework: India lacks a domestic refugee law and is not a signatory to the 1951 Refugee Convention or its 1967 Protocol.
• Governance: Rohingyas are treated under the Foreigners Act, 1946 and the Passport Act, 1967, allowing the government to categorize them as illegal migrants.
• Judicial Stance: The Supreme Court ruled in *Mohammad Salimullah v. Union of India (2021) that Rohingyas cannot be deported without due process but deferred to national security concerns. High Courts, in cases like Ktaer Abbas Habib Al Qutaifi v. Union of India*, have interpreted non-refoulement as part of Article 21 (Right to Life).
• The Supreme Court ruled in *Mohammad Salimullah v. Union of India (2021)* that Rohingyas cannot be deported without due process but deferred to national security concerns.
• High Courts, in cases like *Ktaer Abbas Habib Al Qutaifi v. Union of India*, have interpreted non-refoulement as part of Article 21 (Right to Life).
• Exclusions: The Citizenship Amendment Act, 2019 explicitly excludes persecuted Muslim minorities, including Rohingyas, from its ambit.
International Conventions on Refugees:
• 1951 Refugee Convention and 1967 Protocol: Enshrines the principle of non-refoulement, preventing the return of refugees to places where they face persecution or torture.
• Other Treaties: International Covenant on Civil and Political Rights (ICCPR): Protects individuals from torture or inhuman treatment upon return. Convention on the Rights of the Child (CRC): Advocates for the welfare of refugee children.
• International Covenant on Civil and Political Rights (ICCPR): Protects individuals from torture or inhuman treatment upon return.
• Convention on the Rights of the Child (CRC): Advocates for the welfare of refugee children.
Challenges and Issues in India’s Refugee Policy:
• Legal Vacuum: Absence of a unified refugee law leads to arbitrary and inconsistent treatment.
• Detention and Living Conditions: Detained Rohingyas face dehumanizing conditions, including in transit camps like Matia in Assam.
• National Security Concerns: Rohingyas are often perceived as potential security threats, influencing judicial and policy decisions.
• Civil Society Constraints: Revocation of FCRA licenses has hampered NGOs’ efforts to provide legal and humanitarian aid.
• Exclusionary Policies: The exclusion of Muslim refugees from CAA undermines India’s secular constitutional framework.
Way Ahead:
• Legislative Framework: Formulate a comprehensive domestic refugee law that aligns with international conventions.
• Strengthen Judicial Oversight: Reinforce the judiciary’s role in upholding non-refoulement under Article 21.
• Improve Living Conditions: Ensure humane detention centres with adequate resources for food, healthcare, and education.
• Community Involvement: Empower local communities and NGOs to support refugee rehabilitation.
• International Collaboration: Work with global bodies like UNHCR to develop sustainable solutions for the Rohingya crisis.
Conclusion:
India, as a democracy committed to human dignity, must align its policies with global humanitarian norms, ensuring the safety and well-being of Rohingya refugees while balancing national security concerns. A fair and inclusive approach is imperative to uphold India’s constitutional and international obligations.
Insta Links:
• Refugee crisis
• “Refugees should not be turned back to the country where they would face persecution or human right violation.” Examine the statement with reference to the ethical dimension being violated by the nation claiming to be democratic with open society. (UPSC-2021)