India’s Treatment of Rohingya Refugees

  • December 18, 2024
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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India’s Treatment of Rohingya Refugees

Sub: IR

Sec: Places in news

Why in News

  • A recent report by The Azadi Project and Refugees International highlights severe violations of human and constitutional rights faced by Rohingya refugees detained in India. It underscores India’s failure to adhere to its international human rights obligations.

Key Findings of the Report:

  • Arbitrary Detentions: Over 676 Rohingya refugees are detained across India, with 608 having no pending legal cases or sentences.
  • Detainees include pregnant women, breastfeeding mothers, differently-abled individuals, and the elderly.
  • Extended Detention: Many Rohingya refugees remain detained even after completing their sentences.
  • UNHCR-Registered Rohingya Refugees in India: Approx. 22,500.
  • Detainees in Immigration Centers: 676, of which 50% are women and children.

India’s International Obligations:

  • India is a signatory to multiple international treaties, such as:
    • Universal Declaration of Human Rights (UDHR).
    • International Covenant on Civil and Political Rights (ICCPR).
  • Despite these commitments, the treatment of Rohingya refugees violates these norms.
  • India lacks a comprehensive refugee policy and continues to rely on the Foreigners Act, 1946, to address refugee issues.

Foreigners Act, 1946:

  • Regulates the entry, stay, and exit of foreigners in India.
  • Key Provisions Related to Refugees:
    • Section 3: Grants the Central Government the power to issue orders restricting or prohibiting foreigners’ entry or stay in India.
    • Section 8: Governs the internment or restriction of movement of foreigners.
    • No specific provision for refugees, but Rohingya and other asylum seekers are often detained under this Act.
    • The Act does not distinguish between refugees and illegal immigrants, leaving refugees without explicit legal protection.

Universal Declaration of Human Rights (UDHR):

  • Adopted by the United Nations General Assembly on December 10, 1948.
  • Provides a universal framework for protecting human rights.
  • Articles Relevant to Refugees:
    • Article 3: Right to life, liberty, and personal security.
    • Article 13: Right to freedom of movement and residence within a state.
    • Article 14: Right to seek and enjoy asylum from persecution in other countries.
    • Article 25: Right to an adequate standard of living, including food, shelter, and healthcare.

International Covenant on Civil and Political Rights (ICCPR):

  • Adopted in 1966; entered into force on March 23, 1976.
  • Ratified by 173 countries (India ratified in 1979).
  • Ensures the protection of civil and political rights globally.
  • Key Provisions Related to Refugees:
    • Article 9: Right to liberty and protection against arbitrary detention.
    • Article 13: Right against expulsion without a lawful process.
    • Article 16: Right to recognition as a person before the law.
    • Article 26: Right to equality before the law and protection against discrimination.

Rohingya Refugees:

  • The Rohingya are a predominantly Muslim ethnic minority from Myanmar’s Rakhine State.
  • Facing systemic discrimination and violence in Myanmar, especially during the 2017 military crackdown, many fled to neighbouring countries, including India.
  • India lacks a specific legal framework for refugees, relying instead on the Foreigners Act, 1946, and the Passport (Entry into India) Act, 1920, which do not distinguish between refugees and illegal immigrants.
  • India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol, limiting international obligations toward refugees.
India’s Treatment of Rohingya Refugees IR