7 Rohingya Deported | Latest Burning Issues

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Table of Contents

STATUS OF ROHINGYAS

India deported seven Rohingya immigrants who had been staying in Assam illegally to Myanmar.

BASICS – WHO ARE ROHINGYA

Rohingyas are ethnic Muslims of Myanmar living in Rakhine province in the Arakan region.
Myanmar government does not recognise Rohingyas as their citizens. Only about 40,000 Rohingyas are acknowledged as citizens in their country.

WHY ROHINGYAS FLED MYANMAR?

It began with a case of gangrape in Myanmar. Some Rohingya Muslims were charged with gangrape and murder of a Buddhist woman in Rakhine.
This led to clashes between Rohingya Muslims and Buddhists. Bloody fights and riots soon engulfed the entire Arakan region.

ROHINGYAS IN INDIA

Rohingyas entered into northeast India through various routes.
They avoided staying near the Myanmar’s borders. Rohingyas spread over a large area across various states.
They have their camps in Assam, West Bengal, Uttar Pradesh, Delhi, Jammu and Kashmir, Andhra Pradesh and Kerala.

NUMBERS?

Minister of State for Home Affairs Kiren Rijiju informed Parliament in August that there were about 40,000 Rohingya Muslims living illegally in the country.
According to Centre’s estimates, Rohingya’s population has increased four times in India over the last two years. In 2015, their population was estimated to have been 10,500.

REFUGEES AND INDIA

Most of the Rohingya Muslims living in India are registered with the Office of the United Nations High Commissioner for Refugees (UNHCR), better known as UN Refugee agency. International organisations have appealed to India not to deport the Rohingyas. But, the government has stated that its decision to deport Rohingyas concerns the state of security.

NOTES

India does not have a refugee specific law and the matter falls under the Foreigners Act of 1946, enacted by the Central Legislative Assembly.
The Foreigners Act makes undocumented physical presence of a foreigner in India a crime. It also empowers the government to detain a foreigner living illegally in the country till that person is deported.

PROBLEMS

As the Myanmar government does not recognise the Rohingyas as its citizens, in general, it will be difficult for India to deport them.

ISSUE OF FUNDAMENTAL RIGHTS

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15). Equality of opportunity in matters of public employment (Article 16). Six basic freedoms subject to reasonable restrictions (Article 19). Protection of language, script and culture of minorities (Article 29). Right of minorities to establish and administer educational institutions (Article 30).

ISSUE OF FUNDAMENTAL RIGHTS

Fundamental rights available to both citizens and foreigners except enemy aliens Equality before law and equal protection of laws (Article 14). Protection in respect of conviction for offences (Article 20). Protection of life and personal liberty (Article 21). Protection against arrest and detention in certain cases (Article 22). Prohibition of traffic in human beings and forced labour (Article 23). Prohibition of employment of children in factories etc., (Article 24).

WHY 7 ROHINGYAS WERE DEPORTED?

The Rohingya Muslims from Rakhine province on Myanmar’s western coast started arriving in sizeable numbers in India’s northeast in late 2011.
It was following their stepped-up persecution by the Myanmar armed forces.
Of that, seven men were arrested in 2012 for having entered India illegally.
They were convicted of violating The Passport (Entry into India) Act, 1920, and sent them to prison for 3 months, followed by detention pending repatriation.
Myanmar confirmed their identities and issued them travel documents.

WHO ARE ILLEGAL MIGRANTS?

An illegal immigrant can be – 1. A foreign national who enters India on valid travel documents and stays beyond their validity, or 2. A foreign national who enters without valid travel documents. In the view of the Indian government, illegal migrants “infringe on the rights of Indian citizens” and are “more vulnerable for getting recruited by terrorist organisations”. Section 3(2) (c) of The Foreigners Act, 1946, gives the central government the right to deport a foreign national.

WHAT LIES AHEAD?

Supreme Court is hearing Centre’s order on the identification and deportation of illegal immigrants, which deals with India’s obligations under international human rights conventions.
However, India only follows non-refoulement principle in the recent case, where in it persuaded Myanmar to take illegal migrants back legally and with relevant documents.
It did not go for the forcible return of refugees to a country where they are liable to be subjected to persecution (refoulement).
It would also be reassuring to Bangladesh, which worried that India might push illegal rohingya refugees into their borders.

HIGHLIGHTS

India is not a signatory to the 1951 United Nations Convention and 1967 Protocol Relating to the Status of Refugees.
It also does not currently have a national law on refugees.