Tag: INDIA’S REFUGEE POLICY ON ROHINGYAS

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, a Muslim ethnic minority from Myanmar, are among the world's largest stateless populations as Myanmar denies them citizenship. Persecution: They have endured decades of violence, including genocidal campaigns by Myanmar’s authorities, forcing them to seek refuge in neighboring countries. Global Refuge: Approximately 2.8 million Rohingyas are scattered across nations like Bangladesh, Malaysia, India, and Indonesia. In India: According to UNHCR, around 22,500 Rohingyas live in India, facing issues such as lack of legal recognition, arbitrary detention, and human rights violations. India’s Refugee Policy on Rohingyas Legal Framework: India lacks a domestic refugee law and has not signed the 1951 Refugee Convention or its 1967 Protocol. Governance: Rohingyas are classified as illegal migrants under the Foreigners Act, 1946, and the Passport Act, 1967. Judicial Stance: The Supreme Court, in Mohammad Salimullah v. Union of India (2021), held that Rohingyas cannot be deported without due process but acknowledged national security concerns. High Courts, in cases like Ktaer Abbas Habib Al Qutaifi v. Union of India, have interpreted the principle of non-refoulement as part of Article 21 (Right to Life). Exclusions: The Citizenship Amendment Act (CAA), 2019, excludes Muslim refugees, including Rohingyas, from its purview. International Conventions on Refugees 1951 Refugee Convention and 1967 Protocol: These enshrine the principle of non-refoulement, prohibiting the return of refugees to places where they may face persecution. 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): Focuses on the welfare of refugee children. Challenges in India’s Refugee Policy Legal Gap: The absence of a unified refugee law results in inconsistent treatment. Detention and Conditions: Detained Rohingyas face harsh conditions, including in facilities like Assam’s Matia transit camp. Security Concerns: Rohingyas are often viewed as potential security risks, influencing judicial and policy decisions. NGO Constraints: The revocation of FCRA licenses limits NGOs' ability to provide legal and humanitarian assistance. Exclusionary Policies: The CAA’s exclusion of Muslim refugees challenges India’s secular constitutional principles. Way Forward Legislative Framework: Enact a comprehensive refugee law aligned with international standards. Judicial Oversight: Strengthen judicial protections for refugees, ensuring adherence to non-refoulement under Article 21. Improved Conditions: Enhance facilities in detention centers to ensure humane treatment, including access to food, healthcare, and education. Community Engagement: Support NGOs and local communities in refugee rehabilitation efforts. Global Cooperation: Collaborate with international organizations like UNHCR for sustainable solutions.

Tag: INDIA’S REFUGEE POLICY ON ROHINGYAS

INDIA’S REFUGEE POLICY ON ROHINGYAS

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