Citizenship Amendment Act 2019 and Rohingya Refugee Crisis: A Critical Analysis

Rohingya Refugee crisis is a major humanitarian crisis faced by international society and is a matter of concern for the United Nations High Commissioner for Refugees (UNHCR). The Rohingya Muslims had been facing discrimination and violence for a long time. On 25 August 2017, the military attacked the Rakhine state of Myanmar to execute the Rohingya Muslims staying there. Approximately 7,45,000 Rohingya Muslims fled from the Rakhine state in Myanmar. The Myanmar government refused to acknowledge the presence of Rohingyas in the Rakhine state. The policies made by the Buddhist majority country were against Rohingyas, as they feared that Rohingya Muslims want the country to be a Muslim majority country. The Rohingyas constitute approximately 7% of the total population, Buddhists 80% and other ethnic minorities 13%. The Rohingyas are denied their citizenship by the government, eventually making them ‘stateless’. This paper traces the timeline of discrimination faced by Rohingyas as it dates back to 1948. Further, it analyses the role of India and the approach taken by the Indian government and judiciary for tackling this crisis. Although India is not a party or signatory of the Convention relating to the Status of Refugees 1951 and the Protocol Relating to the Status of Refugees 1967, it provides asylum to several refugees. Domestic legislation and policies have been formulated keeping in mind the refugees hosted by India. The Citizenship Amendment Act (CAA) 2019 is considered to be against International Human Rights, and it limits the definition of ‘refugee’ as defined in the 1951 Convention.