The Indian Rohingya Question: A Study on the Legal Position of Rohingya Refugees in India

With around 40,000 Rohingya Muslim refugees arriving in India amid the persecution by the primarily Buddhist state of Myanmar, the Indian government has been pretty non-committal to providing any relief to the same. The government has like a pendulum swung between providing these individuals with housing and other amenities at one end, to ensuring their deportation at the other end. The Supreme Court has also been unable to grant any relief to these individuals because of no citizenship provisions that might aid these individuals. Their status of illegal migrants makes the court adjudge them as being bound for deportation from India. The non-signatory status of the Indian government to the international convention and protocol on refugees means that India is not bound to treat these refugees at par with other refugees that it has decided to take in through the CAA of 2019. India considers these refugees to be a threat in terms of demography and security. This has led to them leading their lives and future under the cloud of uncertainty. The Indian state would still have to ensure their basic right to life with dignity even if the individuals are not citizens of the country. India also can’t escape the principle of non-refoulement and decide to just deport them back to a persecuting regime. In such a state, India would have to utilise its diplomatic and geo-political strength in order to ensure that Myanmar stops with the persecution of the said group. At the same time, India would have to ensure that these individuals are not sent back devoid of their dignity and with uncertainty over their lives.