Situation of Rohingya Refugees in India

Rohingya refugees in India face severe legal, humanitarian, and political challenges. While international law, including the UN Refugee Convention, offers protection against forced return (non-refoulement), India’s position on refugees remains complex. The lack of a refugee policy, discriminatory laws like the Citizenship Amendment Act (CAA), and poor detention conditions continue to put Rohingya refugees in vulnerable situations, raising concerns over their human rights and legal protection in India.

The Issue: Rohingya Refugees in India

• The Rohingya people are a stateless minority from Myanmar, facing persecution by Myanmar's military. Around 8 million Rohingya exist globally, with nearly 22,500 refugees currently residing in India.
• Persecution: The Rohingya have been subjected to genocidal violence and human rights violations in Myanmar, which forced many to flee their country and seek refuge in neighboring nations, including India.

International Legal Protections

• Non-Refoulement: According to international law, especially the 1951 Refugee Convention and the 1967 Protocol, countries are forbidden from sending refugees back to places where they could face persecution, torture, or inhuman treatment. This principle is part of customary international law, meaning it's binding even for countries that haven't signed these treaties.
• India’s Position: Although India has signed international human rights treaties like the International Covenant on Civil and Political Rights (ICCPR), it is not a signatory to the 1951 Refugee Convention. India claims that since it is not legally bound to the Refugee Convention, it doesn't have an obligation to follow the principle of non-refoulement.

Legal Situation in India

• Domestic Law: India does not have a refugee law but uses laws like the Foreigners Act, 1946 and the Passport Act, 1967 to treat Rohingya refugees as illegal migrants.
• Supreme Court Rulings:
  • In 2021, the Supreme Court of India ruled that while Rohingya refugees have the right to life under Article 21 of the Constitution, they do not have the right to reside or settle in India.
  • The Court also dismissed a plea to prevent the deportation of 170 Rohingya refugees detained in Srinagar, citing national security
• In October 2024, the Delhi High Court dismissed a plea seeking the admission of Rohingya children in schools, as the issue required a policy decision from the Union government.

India’s International Obligations

• While India is not legally bound by the Refugee Convention, it is still bound by international human rights The International Covenant on Civil and Political Rights (ICCPR) and Convention Against Torture require India to refrain from refouling individuals to places where they may face torture or cruel, inhuman treatment.
• Supreme Court Rulings on Non-Refoulement:
  • The Indian Supreme Court has ruled that international law must be applied by Indian courts in the absence of specific domestic laws. The Court has upheld the principle of non-refoulement in some cases, including for refugees from different countries.
  • This includes rulings from Gujarat High Court (1998) and Delhi High Court (2015), which affirmed that refugees must be protected from deportation to places where they could face harm.

Concerns Regarding Rohingya Refugees in India

• Lack of Legal Protection: India has no standardized refugee policy, leading to inconsistent treatment of various refugee groups. For instance, Tibetan, Sri Lankan, and Afghan refugees often receive special treatment, such as refugee certificates or long-term visas, but Rohingya refugees, despite being registered with the UNHCR, face detention and imprisonment.
• Citizenship Amendment Act (CAA): The CAA, passed in 2019, allows non-Muslim minorities from neighboring countries to apply for Indian citizenship, but it excludes the Rohingya, who are Muslim. This has worsened their status in India.
• Detention Conditions: Rohingya refugees in detention centers, including pregnant women and children, are often subjected to dehumanizing conditions. For example, the Matia Transit Camp in Assam has been criticized for its poor conditions.
• Lack of Legal Aid: Civil society organizations that work with Rohingya refugees face funding issues due to the revocation of Foreign Contribution (Regulation) Act (FCRA) This has made it difficult for lawyers to take on cases involving Rohingya refugees, as they fear government retaliation.
• Human Rights Violations: A recent report by The Azadi Project and Refugees International reveals gross violations of Rohingya refugees' constitutional and human rights in India. Many refugees are being held in detention even after completing their sentences, and their basic rights are not being upheld.