India and Rohingya Muslims

The long burning issue of Rohingya Muslim has suddenly became the center point of political discussions in India, many petitions have been filed in the Supreme Court (by the Rohingyas themselves). Indian government is insisting on deportation of Rohingya linking this decision with the National Security. But the core issue with the deportation is that Myanmar does not consider Rohigyas as their citizens, but consider them as immigrants. (For more on Rohingya read my earlier blog here).

Repercussion of violence in Rakhine state of Myanmar (Western part) are felt around the world,  particularly in the neighboring countries like Bangladesh, India and other South East Asian nations. Due to the ongoing tension in Myanmar many Rohingya people fled Myanmar and over 40,000 made their way to India, many of whom are registered with UNHCR (United Nations High Commissioner for Refugees), and stay in refugee camps. The Union Minster of state for Home Affairs Kiren Rijiju called them illegal migrants. 

In India Rohingya issue came in public disclosure when the government announced that it would deport illegal Rohingya migrants back to Myanmar. But apparently any refugee (any person who flee persecution from their country of origin) entered India, they are protected by the constitution and cannot be returned back. Home Ministry has a guideline regarding refugees in which it said any person fleeing persecution in their country of origin will not be treated as illegal migrants and will be granted Long Term Visa (LTV), and 5,000 Rohingyas have been granted Visas and remaining are in queue. 

A Petitions has also been filed in the Supreme Court by two Rohingya refugees on two basis:

1. Any deportation will violate their Fundamental Rights to equality and to life under Article 14 and Article 21 of the Indian Constitution. (The Article 21 is not confined to citizens of India but anyone who has rigours of law on Indian soil).
2. Any action by India in returning them to Myanmar would infringe international law, particularly the principle of non-refoulement. (Non-refoulment is a principle of international law which forbids a country receiving asylum seekers from returning them to a country in which they would be in likely danger of persecution based on "race, religion, nationality, membership of particular social group or political opinion").

International Laws regarding Refugees. 

India is not a signatory of UN Convention on Refugees, 1951, but it has so far adhered to its normative standards. It has played host to all hues and stood by the principle of non-refoulement, under which refugees cannot be forced to return to conditions of danger. The High Court of Delhi and Gujarat also said that, "The principle of non-refoulement protects the life and liberty of an individual irrespective of his or her nationality, and is part of Article 21 of the constitution, unless the person is a threat to the security of India".

The center's affidavit in the Supreme Court contains self-serving argument: that providing for refugees from out of country's limited resources would have an adverse impact on its citizens, as they would be deprived of their legitimate share of housing, medical facilities etc.

Recently, India asked Myanmar security forces to take necessary action to prevent further Rohingya exodus and encourage their safe and sustainable return from neighboring countries.

Indian government is determined to send Rohingya back to Myanmar, but before sending them back the government need to ensure their safety, dignity in Myanmar.