India’s Violation of Rights of Rohingya Detainees

Syllabus: GS2/ Polity and Governance

Context

• A recent study has flagged “gross violations of constitutional and human rights” concerning the treatment of Rohingya refugee detainees in India, emphasizing the country’s failure to honor international human rights commitments.

Who are Rohingya?

• They are an ethnic group, largely comprising Muslims, who predominantly live in the Western Myanmar province of Rakhine. 
• They speak a dialect of Bengali, as opposed to the commonly spoken Burmese language.
• Though they have been living in the South East Asian country for generations, Myanmar considers them as persons who migrated to their land during Colonial rule.
  • Myanmar has classified them as “resident foreigners” or “associate citizens”.
• They have suffered decades of violence, discrimination, and persecution in Myanmar.

India’s Policy on Refugees

• India is neither a signatory to the 1951 UN Refugee Convention or the 1967 Protocol relating to the Status of Refugees, nor does it have a formal refugee policy or law. 
• The government can classify any group of refugees as illegal immigrants, as seen in the case of the Rohingya, despite verification by the United Nations High Commissioner for Refugees (UNHCR). 
• All foreign undocumented nationals are governed as per the provisions of The Foreigners Act, 1946, The Registration of Foreigners Act, 1939, The Passport (Entry into India) Act, 1920 and The Citizenship Act, 1955.

Reasons for India’s Policy on Refugees

• Resource Strain: Hosting refugees strains resources along with competing for low-skilled jobs especially in areas with limited infrastructure.
• Social Cohesion: Large refugee influxes lead to social tensions with local communities over scarce resources.
• Security Concerns: There are fears of extremist infiltration and challenges in managing movements across porous borders.
• Diplomatic Relations: Refugee hosting strain relations with neighboring countries, particularly during geopolitical disputes.
• Economic Impact: Refugees compete for low-skilled jobs, affecting the local job market and limiting potential economic contributions.

Way Ahead

• Establishing a National Refugee Law would provide legal protection to refugees, ensuring their rights and access to basic services like healthcare, education, and employment.
• International Collaboration: India should actively engage with international organizations like the UNHCR to create frameworks for refugee protection, ensuring that its policies align with global human rights standards.
• Diplomatic Dialogue: India can work with neighboring countries to resolve the root causes of refugee crises, such as the ongoing violence against the Rohingya in Myanmar, through diplomatic channels and regional cooperation.

Source: TH