A recent study by The Azadi Project and Refugees International highlights the "gross violations of constitutional and human rights" faced by Rohingya refugees detained in India.
Many Rohingya refugees continue to be detained after completing their sentences.
How Are Rohingya Refugees Protected Under International Law?
Rohingya people are the world’s largest stateless population, with around 2.8 million people, mainly due to genocidal violence in Myanmar.
The 1951 Refugee Convention and its 1967 Protocol prohibit returning refugees to places where they would face persecution (principle of non-refoulement), a rule binding under international law.
Non-refoulement is a cornerstone of human rights, affirmed as customary law by the UNHCR.
What is India’s Stand?
India is not a signatory to the Refugee Convention, so it does not legally have to provide asylum or adhere to non-refoulement.
Rohingya refugees are classified as "illegal migrants" under the Foreigners Act, 1946, and Passport Act, 1967.
The Supreme Court has ruled that while detained refugees have the right to life, they do not have the right to settle in India.
It has also dismissed a plea to prevent the deportation of detained Rohingya refugees.
What Are India’s International Obligations?
India is a party to the International Covenant on Civil and Political Rights (ICCPR), which requires it to avoid deporting individuals to places where they may face torture or cruel treatment
The principle of non-refoulement is also reflected in the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Rights of the Child, both ratified by India.
The Convention Against Torture also mentions non-refoulement under Article 3, although India has not ratified it.
Indian courts have upheld that international conventions must be applied in the absence of domestic laws, as seen in key Supreme Court rulings.
What Are the Existing Concerns?
India lacks a standardized refugee policy, leading to inconsistent treatment of different refugee groups based on geopolitical interests.
Rohingya refugees face arbitrary detention, unlike other refugee groups (e.g., Tibetans, Sri Lankans, Afghans) who are given refugee certificates or long-term visas.
The Citizenship Amendment Act, 2019, excludes Muslim minorities like the Rohingya from receiving benefits.
Detained refugees face inadequate legal aid and poor living conditions in detention centers.
Civil society organizations supporting Rohingyas are underfunded, further limiting legal support.
Detention centers, including the Matia Transit Camp, Assam, have been criticized for dehumanizing conditions. The Supreme Court has ordered surprise inspections of these facilities.
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