SC Allows Rohingyas' Deportation


Why in news 

  • The Supreme Court refused to grant relief in a petition challenging the detention of Rohingyas in Jammu and their deportation to Myanmar without following law.
  • Centre assured court that law will be scrupulously followed in deporting Rohingya migrants.

Backdrop of the information 

A plea was filed in the court to “release the detained Rohingya refugees immediately and direct the Union Territory government and the Ministry of Home Affairs to expeditiously grant refugee identification cards for the Rohingyas in the informal camps”.

Court’s Observation

  • The rights guaranteed under Articles 14 and 21 are available to all persons who may or may not be citizens. But the right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of the territory of India guaranteed under Article 19(1)(e).
    • Article 19 (1) (e) of the Constitution guarantees to every citizen of India, the right “to reside and settle in any part of the territory of India”.

 What is the India’s Refugee Policy

  • India’s approach towards refugees is customary and a dynamic one having regard to prevailing socio-political conditions. Though India is not a party to 1951 convention or 1967 protocol it acceded to various Human Rights treaties including the UNHCR and it is obliged to protect the rights of refugees.
  • As per Indian law, there is no law to deal with the refugee, both illegal migrants & refugees categories of people are viewed as one and the same and are covered under the Foreigners Act, 1946. 
  • The constitution of India protects the refugees’ right to life with dignity that includes right against solitary confinement and custodial violence, right to medical assistance and shelter.



Implications of refugee

  • The refugees put tremendous pressure on the resources of the area and have also disturbed the local demographic profile.
  • Internal security compromises.
  • Huge resources and time for maintaining data of them.
  • Allowing refugees further leads to refugee trap . Country cannot send back the refugees nor keep them in their land.


  • Rohingya are an ethnic group, representing the largest percentage of Muslims in Myanmar and predominantly live in the Western Myanmar province of Rakhine.
    • They speak a dialect of Bengali, as opposed to the commonly spoken Burmese language.
  • The government of Myanmar denies them the citizenship of the country.
  • A violent clash broke out between the Rohingyas and the Myanmar security forces in August 2017 after Rohingya Arsa militants attacked more than 30 police posts.
    • The local Buddhist mobs supported the security forces in persecuting the Rohingyas.
  • The clash was followed by the exodus of Rohingyas from the country to Bangladesh, Thailand, the Philippines, Indonesia and Malaysia.
  • The discrimination against the Rohingya still continues in Myanmar.
  • Recently, Bangladesh started relocating Rohingya refugees from overcrowded camps at Cox’s Bazar to Bhasan Char Island, which is an ecologically fragile area prone to floods.


Source: TOI

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