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Rohingya Conflict
International Relations | Mains Paper 2: India & Its Neighborhood - Relations
Post date
June 9, 2015
Post date
The Economic Times
NewsCards Backgrounder
India needs a refugee and asylum law
International Relations | Mains Paper 2: Government Scheme/Policies
Post date
February 19, 2022
Post date
The Hindu
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Not much
Mains level : Paper 2- Need for refugee and asylum law
Context
A Private Member’s Bill was introduced in the Lok Sabha proposing the enactment of
a Refugee and Asylum law.
Why does India need a Refugee and Asylum law?
The principle of non-refoulement: The international legal principle of non-
refoulement — the cornerstone of refugee law, which states that no country should
send a person to a place where he or she may face persecution.
The principle of non-refoulement is clearly affirmed, with no exceptions, though
reasons have been specified for exclusion, expulsion, and revocation of refugee
status, to respect the Government’s sovereign authority but limit its discretion.
India is not signatory to Refugee Convention: India has been, and continues to be,
a generous host to several persecuted communities, doing more than many countries,
but is neither a signatory to the 1951 UN Refugee Convention, nor does it have a
domestic asylum framework.
The tradition of asylum: It will be in line with India’s millennial traditions of
asylum and hospitality to strangers.
Because India has neither subscribed to international conventions on the topic nor
set up a domestic legislative framework to deal with refugees, their problems are
dealt with in an ad hoc manner, and like other foreigners they always face the
possibility of being deported.
It will finally recognise India’s long-standing and continuing commitment to
humanitarian and democratic values while dealing with refugees.
Multiple laws
In the absence of a uniform and comprehensive law to deal with asylum seekers, we
lack a clear vision or policy on refugee management.
We have a cocktail of laws such as:
the Foreigners Act, 1946,
the Registration of Foreigners Act, 1939,
the Passports Act (1967),
the Extradition Act, 1962,
the Citizenship Act, 1955 and
the Foreigners Order, 1948 — all of which club all foreign individuals together as
“aliens”.
Defining refugee
Well-founded fear of persecution: The internationally-accepted definition of the
term, includes people who have fled their home countries and crossed an
international border because of a well-founded fear of persecution in their home
countries, on grounds of race, religion, nationality, membership of a particular
social group, or political opinion.
Who does not qualify as a refugee? This means that people who cross borders in
quest of economic betterment, or because they are fleeing poverty, anarchy or
environmental disaster, do not qualify as refugees.
Nor do those who flee from one part of their home country to another because of
war, conflict or fear of persecution.
Way forward
India must enact a National Asylum Law.
We need a proper framework to make sure that refugees can access basic public
services, be able to legally seek jobs and livelihood opportunities for some source
of income.
The absence of such a framework will make the refugees vulnerable to exploitation,
especially human trafficking.
Our judiciary has already shown the way forward on this: in 1996, the Supreme Court
of India ruled that the state has to protect all human beings living in India,
irrespective of nationality, since they enjoy the rights guaranteed by Articles 14,
20 and 21 of the Constitution to all, not just Indian citizens.
The enactment and enumeration of refugee rights will reduce our dependence on
judge-centric approaches — or even worse, the whims of Home Ministry bureaucrats,
police officers and politicians.
Consider the question “In the absence of a uniform and comprehensive law to deal
with asylum seekers, we lack a clear vision or policy on refugee management. In the
context of this, examine the need for law to deal with asylum seeker and suggest
the various aspects the law should cover.”
Conclusion
The problems of refugees worldwide are problems that demand global solidarity and
international cooperation. India, as a pillar of the world community, as a
significant pole in the emerging multipolar world, must play its own part, on its
own soil as well as on the global stage, in this noble task.
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Rohingya Deportation case
International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings
and agreements involving India
Post date
April 26, 2021
Post date
The Indian Express
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Convention on the Elimination of All Forms of Racial Discrimination
(ICERD)
Mains level : Paper 2- Issues with the deportation of Rohingya
The article highlights the issues with the order passed by the Supreme Court
allowing the deportation of Rohingya refugees.
Context
Recently, in its order in Mohammad Salimullah v. Union of India, the Supreme Court
rejected an application to stay the deportation of Rohingya refugees to Myanmar.
Principle of non-refoulement
The Supreme Court noted the petitioners’ reliance on a judgment of the
International Court of Justice (ICJ) dated January 23, 2020, which recorded the
genocidal conditions that resulted in 7.75 lakh Rohingyas being forced to take
refuge in Bangladesh and India.
The Supreme Court relied on the word of the government that the principle of non-
refoulement, or forcible repatriation to a place where the refugee’s life is in
danger, applies only to signatories to the UN’s Refugee Convention of 1951 or its
1967 Protocol.
It must be stated that a UN Special Rapporteur was not heard, as the Court felt
that serious objections had been raised to her intervention.
The Supreme Court accepted that the right not to be deported flows not from the
right to life and liberty under Article 21, which applies to all human beings, but
from the right to reside and settle in India under Article 19(1)(g), which applies
to citizens alone.
Why the judgement needs reconsideration
1) India has recognised genocide as an international crime
India is a signatory to the Convention for the Prevention and Punishment of the
Crime of Genocide (the Genocide Convention, 1948),
Acceding to the Convention in 1959, India has recognised genocide as an
international crime, and that the principles of the Convention are “therefore
already part of common law of India”.
India has also ratified the International Convention on the Elimination of All
Forms of Racial Discrimination (ICERD), the International Covenant on Civil and
Political Rights (ICCPR) have a bearing on non-refoulement.
Article 6(1) of the ICCPR, which mirrors Article 21 of our Constitution.
A number of other UN conventions particularly those dealing with the rights of
women (CEDAW) and children (CRC) also have a non-refoulment element in it and both
of which have been declared by the Supreme Court to be part of our domestic legal
framework.
2) Prevention of genocide
The leitmotif of the Genocide Convention is prevention.
Prevention is also central to Article I, under which the contracting parties
confirm that genocide is a crime under international law, “which they undertake to
prevent and to punish”.
3) Preemptory norm
It is increasingly accepted in public international law, that non-refoulement and
other protections emanating from the Genocide Convention, are peremptory norms that
apply to state parties as well as non-parties.
That non-refoulement is jus cogens, a norm from which there can be no derogation
whatsoever. I
At least three high courts (Gujarat in 1998, Delhi in 2015, and Calcutta in 2019)
have held that non-refoulement is part of the right to life and liberty protected
by Article 21 of our Constitution.
What should the Supreme Court do
There are two possible solutions.
The first is that in its interim order, the Court specifies that the Rohingya
refugees may not be deported unless “the procedure prescribed for such deportation
is followed”.
It is a long-held principle of Indian jurisprudence that the word “procedure” means
“due process”, or a procedure that is just, fair, and reasonable.
The Supreme Court can, thus, suo motu clarify that due process requires that they
not be deported as long as there exists a reasonable threat of persecution in
Myanmar.
Alternately, since the order in question is an interim order, the Supreme Court
could swiftly hear the main petition on its merits, and clarify the law on non-
refoulement and Article 21.
Conclusion
The order on the deportation of Rohingya refugees needs reconsideration by the
Supreme Court considering the India’s treaty obligations on the genocide.
India’s refugee Policy & Issues with it
International Relations | Mains Paper 2: Effect Of Policies & Politics Of World On
India'S Interests,Government Scheme/Policies
Post date
April 10, 2021
Post date
The Hindu
Note4Students
From UPSC perspective, the following things are important :
Prelims level : 1951 Refugee Convention
Mains level : Paper 2- Need for refugee protection policy framework in India
The article highlights the issue of the lack of refugee protection framework in
India and suggests enacting domestic law to deal with the issue.
India’s record on refugee protection
India, for the most part, has had a stellar record on the issue of refugee
protection.
But this moral tradition has come under great stress of late.
New Delhi has been one of the largest recipients of refugees in the world in spite
of not being a party to the 1951 Refugee Convention and its 1967 Protocol.
Confusion in policies for immigrants and refugees
Much of the debate in India is about illegal immigrants, not refugees, the two
categories tend to get bunched together.
Our policies towards illegal immigrants and refugees is confused is because as per
Indian law, both categories of people are viewed as one and the same and are
covered under the Foreigners Act, 1946.
The act offers a simple definition of a foreigner — “foreigner” means “a person who
is not a citizen of India”.
There are fundamental differences between illegal immigrants and refugees, but
India is legally ill-equipped to deal with them separately due to a lack of legal
provisions.
Also, India is not a party to the 1951 Refugee Convention and its 1967 Protocol,
the key legal documents pertaining to refugee protection.
How absence of policy framework creates problems
The absence of legal framework for refugees leads to policy ambiguity whereby
India’s refugee policy is guided primarily by ad hocism and ‘political utility’.
At the same time, the absence of a legal framework increases the possibility of the
domestic politicisation of refugee protection and complicates its geopolitical
faultlines.
The absence of a clearly laid down refugee protection law also opens the door for
geopolitical considerations while deciding to admit refugees or not.
For example, India’s decision in the recent case of admitting Myanmarese refugees
fleeing to India was influence by the possibility of irking the Generals in
Naypyitaw.
However, hypothetically speaking, if New Delhi had domestic legislation regarding
refugees it could have tempered the expectations of the junta to return the fleeing
Myanmarese.
Why India has not signed convention and protocol on refugee protection
The definition of refugees in the 1951 convention only pertains to the violation of
civil and political rights, but not economic rights, of individuals.
If the violation of economic rights were to be included in the definition of a
refugee, it would clearly pose a major burden on the developed world.
This argument, if used in the South Asian context, could be a problematic
proposition for India too.
India also need to argue that the North is violating the convention in both letter
and spirit, and make its accession conditional on the Western States rolling back
the non-entrée (no entry) regime.
The non-entrée regime is constituted by a range of legal and administrative
measures that include visa restrictions, carrier sanctions, interdictions, third
safe-country rule, restrictive interpretations of the definition of ‘refugee’,
withdrawal of social welfare benefits to asylum seekers, and widespread practices
of detention.”
In other words, India must use its exemplary, though less than perfect, history of
refugee protection to begin a global conversation on the issue.
Way forward
What other options do we have to respond to the refugee situation we are faced
with?
The answer perhaps lies in a new domestic law aimed at refugees.
The CAA, however, is not the answer to this problem primarily because of its deeply
discriminatory nature.
What is perhaps equally important is that such a domestic refugee law should allow
for temporary shelter and work permit for refugees.
India must also make a distinction between temporary migrant workers, illegal
immigrants and refugees and deal with each of them differently through proper legal
and institutional mechanisms.
Consider the question “What are the reasons for India’s not singing 1951 Refugee
Convention? What are the options India can explore for refugee protection?
Conclusion
Our traditional practice of managing these issues with ambiguity and political
expediency has become deeply counterproductive: It neither protects the refugees
nor helps stop illegal immigration into the country.
Places in news: Bhashan Char Island
International Relations | Mains Paper 2: India & Its Neighborhood - Relations
Post date
December 5, 2020
Post date
Custom
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Bhashan Char Island and its location
Mains level : Rohingya Crisis
Bangladesh has transported more than 1,600 Rohingya refugees to a low-lying island
in the first phase of a controversial planned relocation of 1,00,000 people.
Can you see, what the so-called champions of tolerance and human rights doing to
the refugees in their own country!
Bhashan Char Island
Bhasan Char also known as Char Piya, is an island in Hatiya, Bangladesh.
Located 34 kilometres (21 miles) from the mainland, its name in Bengali means
“floating island.”
The island was formed with Himalayan silt in 2006 spanning 40 square kilometres.
It is underwater from June to September annually because of the monsoon, and it has
no flood fences.
In June 2015, the Bangladeshi government suggested resettling Rohingya refugees on
the island under its Ashrayan Project.
The proposal was characterized by the UN Refugee Agency as “logistically
challenging”.
Extraditing to another hell
Bhashan Char is a flood-prone island that emerged from the sea 20 years ago.
The refugees had been coerced into going to this flood-prone island which is also
vulnerable to frequent cyclones.
This compact island is too small to occupy and nurture the Rohingya population and
there is chronic overcrowding in camps.
India-Myanmar relations
International Relations | Mains Paper 2: India & Its Neighborhood - Relations
Post date
October 28, 2020
Post date
The Hindu
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Not Much
Mains level : India-Myanmar relations
The Foreign Secretary and Chief of the Army Staff have recently visited Myanmar
reflected India’s multidimensional interests in the country.
Try this question:
[Link] is the key in linking South Asia to Southeast Asia and the eastern
periphery becomes the focal point for New Delhi’s regional outreach. Analyse.
India-Myanmar relations
There are two lines of thinking that drive India’s Myanmar policy: engagement with
key political actors and balancing neighbours.
For Myanmar, the visit would be viewed as India’s support for its efforts in
strengthening democratization amidst criticisms by rights groups over the
credibility of its upcoming election.
Non-interference in internal politics
The political logic that has shaped India’s Myanmar policy since the 1990s has been
to support democratization driven from within the country.
This has allowed Delhi to engage with the military that played a key role in
Myanmar’s political transition and is still an important political actor.
A key factor behind the military regime’s decision to open the country when it
initiated reforms was, in part, to reduce dependence on China.
India as an alternative
By engaging Myanmar, Delhi provides alternative options to Naypyidaw.
This driver in India’s Myanmar policy has perhaps gained greater salience in the
rapidly changing regional geopolitics.
Recent initiatives
Like in other neighbouring countries, India suffers from an image of being unable
to get its act together in making its presence felt on the ground.
The inauguration of the liaison office of the Embassy of India in Naypyidaw (the
capital) may seem a routine diplomatic activity.
However, establishing a permanent presence in the capital where only a few
countries have set up such offices does matter.
Interestingly, China was the first country to establish a liaison office in
Naypyidaw in 2017.
India has also proposed to build a petroleum refinery in Myanmar that would involve
an investment of $6 billion.
Strategic calculus
This is an indication of Myanmar’s growing significance in India’s strategic
calculus.
It also shows India’s evolving competitive dynamic with China in the sector at a
time when tensions between the two have intensified.
Another area of cooperation that has expanded involves the border areas.
Furthermore, the recent announcement that India was transferring a Kilo-class
submarine to Myanmar demonstrates the depth of their cooperation in the maritime
domain.
The balancing act
For Delhi, the balancing act between Bangladesh and Myanmar remains one of the keys
to its overall approach to the Rohingya issue.
Delhi has reiterated its support for “ensuring the safe, sustainable and speedy
return of displaced persons” to Myanmar.
By positioning as playing an active role in facilitating the return of Rohingya
refugees, India has made it clear that it supports Myanmar’s efforts and also
understands Bangladesh’s burden.
For Delhi, engaging rather than criticizing is the most practical approach to
finding a solution.
Conclusion
For India, Myanmar is key in linking South Asia to Southeast Asia and the eastern
periphery becomes the focal point for New Delhi’s regional outreach.
Delhi’s political engagement and diplomatic balancing seem to have worked so far in
its ties with Myanmar.
Whether it has leveraged these advantages on the ground to the full is open to
debate.
The aforementioned initiatives could be the beginning of change on the ground by
establishing India’s presence in sectors where it ought to be more pronounced.
In news: Bhashan Char Island
International Relations | Mains Paper 2: Important International Institutions
Post date
July 11, 2020
Post date
Custom
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Bhashan Char Island and its location
Mains level : Rohingya Crisis
Bangladesh has announced that it will not move the Rohingyas settled on the Bhashan
char island amid Corona pandemic.
Try this question from CSP 2018:
[Link] one of the following pairs of islands is separated from each other by the
‘Ten Degree Channel’?
(a) Andaman and Nicobar
(b) Nicobar and Sumatra
(c) Maldives and Lakshadweep
(d) Sumatra and Java
Bhashan Char Island
Bhasan Char also known as Char Piya, is an island in Hatiya, Bangladesh.
The island was formed with Himalayan silt in 2006 spanning 40 square kilometres.
It is underwater from June to September annually because of the monsoon, and it has
no flood fences.
In June 2015, the Bangladeshi government suggested resettling Rohingya refugees on
the island under its Ashrayan Project.
The proposal was characterized by the UN Refugee Agency as “logistically
challenging”.
ICJ ruling on Rohingyas
International Relations | Mains Paper 2: Important International Institutions
Post date
January 24, 2020
Post date
The Indian Express
Note4Students
From UPSC perspective, the following things are important :
Prelims level : ICJ
Mains level : Rhohingya settlement issue
The International Court of Justice (ICJ) ruled that Myanmar must take effective
measures to protect its Rohingya Muslims, including protecting evidence relating to
allegations of genocide.
It is important to note that these directions are “provisional measures” until the
ICJ can finally decide if Myanmar has been committing genocide against the
Rohingya. The final verdict could take years.
What is the case against Myanmar?
Last year, the Republic of the Gambia moved the ICJ against Myanmar over alleged
violations of the Convention on the Prevention and Punishment of the Crime of
Genocide.
The Gambia urged the ICJ to direct Myanmar to stop the genocide, ensure that
persons committing genocide are punished, and allow the “safe and dignified return
of forcibly displaced Rohingya”.
The Gambia and Myanmar are parties to the Genocide Convention that allows a party
to move the ICJ for violations.
Disputes between the Contracting Parties are settled according to Article 9 of the
Genocide Convention.
How did Myanmar respond?
Myanmar asked the ICJ to remove the case from its list, citing lack of jurisdiction
of the court.
Myanmar alleged that the proceedings before the court were instituted by the
Gambia, not on its own behalf, but rather as a “proxy” and “on behalf of” the
Organisation of Islamic Cooperation (OIC).
Gambia is a member of the OIC, which includes 53 Muslim-majority nations.
Myanmar cited the Gambia’s reliance on OIC documents to allege genocide and said
the Gambia did not point to specific violations of the Genocide Convention.
The court refused to accept Myanmar’s argument and said the fact that the Gambia
“may have sought and obtained the support of other States or international
organizations in its endeavour” does not take away from its right to bring a case
against Myanmar.
Does the ICJ ruling indict Myanmar?
Although a ruling against Myanmar dents its image internationally, the order of
provisional measures does not translate into a finding against Myanmar.
While granting provisional measures, the court is not required to ascertain whether
Myanmar violated the Genocide Convention.
The court found that it is sufficient at this stage “to establish prima facie the
existence of a dispute between the Parties relating to the interpretation,
application or fulfillment of the Genocide Convention”.
Myanmar leader Aung San Suu Kyi’s personal appearance before the ICJ to lead the
defence of the military, however, shows the great stakes her country had in the
case.
Effects of non-compliance for Myanmar
For its part, Myanmar has denied that its military or paramilitary has participated
in genocide of Rohingya and it is unlikely to alter its position.
Provisional measures are essentially a restraining order against a state when a
case is pending and can be seen as, at most, a censure.
Provisional orders cannot be challenged and are binding upon the state.
However, limitations in enforcing decisions of the ICJ are widely acknowledged by
law experts.
What are these limitations?
As per Article 94 of the Charter of the United Nations, all member states are
required to comply with decisions of the ICJ.
However, any action by a state can be secured only through consent of the state in
international law.
When a state fails to comply, the Security Council has the power to impose
sanctions against it and ensure compliance when international security and peace
are at stake.
So far, the Security Council has never taken a coercive measure against any country
to get an ICJ ruling implemented.
Even with the stepping in of the Security Council, there are several hurdles in
enforcement of ICJ decisions.
Any one of the five permanent members of the Security Council with veto powers can
block the enforcement of an ICJ decision against itself or its ally.
[op-ed snap] Justice for the Rohingya
International Relations | Mains Paper 2: India & Its Neighborhood - Relations
Post date
December 18, 2019
Post date
The Hindu
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Nothing much
Mains level : Rohingyas - Human Rights violations
Context
Last week’s preliminary hearings at the International Court of Justice (ICJ)
seeking guarantees of basic protection for Myanmar’s Rohingya Muslims offer only
symbolic hope to the community.
Plight of Rohingyas
Camps – thousands of Rohingyas are forcibly exiled in refugee camps in Bangladesh.
It is necessary to demand accountability from Yangon.
OIC – Gambia, on behalf of the Organisation of Islamic Cooperation, brought the
case pertaining to genocide in 2017 committed by the Myanmarese military.
Armed Forces – The forces have insisted that their actions were in response to the
armed insurgency by the Arakan Rohingya Salvation Army.
UN highlights Human Rights – The UN and several rights groups have documented
orchestrated incidents of torched villages, mass rape and other atrocities by the
military, forcing over 700,000 Rohingya to flee to Bangladesh.
Citizenship rights – Rohingya in Myanmar’s Rakhine state are particularly
vulnerable due to the denial of citizenship and the reference by nationalist
sections to them as illegal Bengali immigrants.
Suu Kyi – She asserted that the Army had acted proportionately in countering the
rebels and accused Gambia of misrepresenting the situation.
Lack of testimony – the absence of an explicit reference to the Rohingya in her
testimony is condemned. She has even been accused of choosing to argue the defence
in person with an eye on the 2020 general election.
Arguments
Not genocide – Lawyers representing Myanmar said that, though violent crimes were
committed during the conflict, motives of genocide against the community could not
be imputed against the authorities.
The ICJ has handed down guilty verdicts in a few cases relating to crimes of
genocide. It didn’t pin the blame directly upon states as in the 2007 ruling on the
Bosnian war of the preceding decade.
Proof of genocide – The challenges of establishing conclusive proof of the
intention to extirpate entire communities underlies this caution.
The decision regarding genocide relating to the atrocities against the Rohingya is
not expected immediately.
Way ahead
The more urgent concern before the court is Gambia’s petition seeking an injunction
that the violence against the community cease forthwith and the government
guarantee immediate protection.
[op-ed snap] Wrong on the Rohingya
International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings
and agreements involving India
Post date
February 5, 2019
Post date
The Hindu
Note4students
Mains Paper 2: International relations| Bilateral, regional and global groupings
and agreements involving India and/or affecting India’s interests.
From UPSC perspective, the following things are important:
Prelims level: Basic knowledge of Rohingya refugee issue.
Mains level: The news-card analyses the issues with India’s refugee law w.r.t
recent deportation of a group of Rohingya refugees, in a brief manner.
Context
In January, the UN High Commissioner for Refugees (UNHCR) called for a report from
India on the deportation of a group of Rohingya refugees to Myanmar in October
2018.
India’s repatriation of the refugees contravenes international principles on
refugee law as well as domestic constitutional rights.
Background
Refugee law is a part of international human rights law.
In order to address the problem of mass inter-state influx of refugees, a
Conference of Plenipotentiaries of the UN adopted the Convention Relating to the
Status of Refugees in 1951.
This was followed by the Protocol Relating to the Status of Refugees in 1967.
Principle of non-refoulement
One of the most significant features of the Convention is the principle of non-
refoulement.
The norm requires that “no contracting State shall expel or return a refugee in any
manner whatsoever to the frontiers of territories where his life or freedom would
be threatened on account of his race, religion, nationality, membership of a
particular social group or political opinion.”
This idea of prohibition of expulsion lies at the heart of refugee protection in
international law.
Non-refoulement principle binding on all States including India
It is often argued that the principle does not bind India since it is a party to
neither the 1951 Convention nor the Protocol.
However, the prohibition of non-refoulement of refugees constitutes a norm of
customary international law, which binds even non-parties to the Convention.
According to the Advisory Opinion on the Extraterritorial Application of Non-
Refoulement Obligations, UNHCR, 2007, the principle “is binding on all States,
including those which have not yet become party to the 1951 Convention and/or its
1967 Protocol.”
Constitution imposes an obligation on the state to respect international laws
Article 14 of the Universal Declaration of Human Rights provides that everyone has
the right to seek and enjoy in other countries asylum from persecution.
Moreover, Article 51 of the Constitution imposes an obligation on the state to
endeavour to promote international peace and security.
Article 51(c) talks about promotion of respect for international law and treaty
obligations.
Therefore, the Constitution conceives of incorporation of international law into
the domestic realm.
Thus the argument that the nation has not violated international obligations during
the deportation is a mistaken one.
Domestic obligations
The chapter on fundamental rights in the Constitution differentiates citizens from
persons.
While all rights are available to citizens, persons including foreign citizens are
entitled to the right to equality and the right to life, among others.
The Rohingya refugees, while under the jurisdiction of the national government,
cannot be deprived of the right to life and personal liberty.
Rohingya: world’s most persecuted people
The Rohingya are “among the world’s least wanted and most persecuted people,”
according to a BBC report.
In Myanmar, they are denied citizenship, the right to own land and travel, or to
even marry without permission, says the report.
According to the UN, the Rohingya issue is one of systematic and widespread ethnic
cleansing by Myanmar.
Therefore, the discrimination that the Rohingya face is unparalleled in
contemporary world politics.
State is bound to protect the life and liberty of every human-being
In National Human Rights Commission v. State of Arunachal Pradesh (1996), the
Supreme Court held: “Our Constitution confers… rights on every human being and
certain other rights on citizens.
Every person is entitled to equality before the law and equal protection of the
laws.
So also, no person can be deprived of his life or personal liberty except according
to procedure established by law.
Thus the State is bound to protect the life and liberty of every human-being, be he
a citizen or otherwise…”
India lacks a specific legislation for refugees
India lacks a specific legislation to address the problem of refugees, in spite of
their increasing inflow.
The Foreigners Act, 1946, fails to address the peculiar problems faced by refugees
as a class.
It also gives unbridled power to the Central government to deport any foreign
citizen.
Further, the Citizenship (Amendment) Bill of 2019 strikingly excludes Muslims from
its purview and seeks to provide citizenship only to Hindu, Christian, Jain, Parsi,
Sikh and Buddhist immigrants persecuted in Bangladesh, Pakistan and Afghanistan.
The majority of the Rohingya are Muslims.
This limitation on the basis of religion fails to stand the test of equality under
Article 14 of the Constitution and offends secularism, a basic feature of the
Constitution.
Conclusion
The deportation of refugees by India is not only unlawful but breaches a
significant moral obligation.