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  • 19 August, 2022

  • 7 Min Read



According to recent statements made by the Union Minister for Housing and Urban Affairs, Rohingyas will be held in detention facilities until they are deported.

More about the news

The Delhi government has suggested moving the Rohingyas to a different area.

Position of the Ministry of Home Affairs:

  • The MHA has instructed the GNCTD (Govt of National Territory Delhi) to make sure that the Rohingya illegal foreign residents stay in their current location.
  • Through MEA, MHA has already raised the issue of their deportation with the relevant nation.
  • According to the legislation, illegal aliens must remain in detention facility until they are deported.
  • The current location has not been designated as a detention centre by the Delhi government. They have been told to start acting similarly right away.

The Supreme Court's previous stance:

The request

The arrested Rohingya refugees should be immediately released, and the Union Territory government and the Ministry of Home Affairs should be instructed to swiftly provide refugee identification cards for the Rohingyas in the informal settlements, according to a court filing.

The court's finding

  • All individuals, whether they are citizens or not, are entitled to the rights granted by Articles 14 and 21.
  • However, as stated in Article 19(1), the right to remain or establish oneself in any area of Indian territory is related to or concurrent with the right not to be deported (e).
  • Every Indian citizen is guaranteed the right "to stay and settle in any part of the territory of India" by Article 19(1)(e) of the Constitution.

Who are Rohingya?

  • The Rohingya ethnic minority, which makes up the majority of Muslims in Myanmar, is primarily concentrated in the western region of Rakhine province.
  • Rather of the widely spoken Burmese language, they speak a Bengali variant.
  • They are listed as one of the most persecuted minority in the world by the United Nations (UN).
  • Conflict: The 1982 Myanmar nationality legislation forbids citizenship for the Rohingya people.
  • Additionally, they have prevented the Rohingya from obtaining citizenship.
  • After a Rohingya rebel group attacked in Rakhine state in 2017, the military of Myanmar began what it called a clearance campaign there.
  • More than 700,000 Rohingya fled into Bangladesh, a neighbouring country.
  • Thousands of Rohingya homes have allegedly been set on fire and mass rapes and killings have been blamed on Myanmar's security forces.
  • Bangladesh: The flow of Rohingya from Myanmar increased in 2017, and refugee camps occupied the coastline near the Bangladeshi city of Cox's Bazar.
  • Bangladesh recently began relocating the Rohingya refugees from the overcrowded Cox's Bazar camps to the ecologically vulnerable and flood-prone Bhasan Char Island.

India’s Refugee Policy

  • India's response to refugees is conventional and flexible in light of the current socio-political landscape.
  • Despite not being a party to either the 1951 Convention or the 1967 Protocol, India has ratified a number of Human Rights Treaties, including the UNHCR, and is therefore required to uphold the rights of refugees.
  • There is no law in India that addresses refugees.
  • The Foreigners Act of 1946 applies to both illegal immigrants and refugees, who are treated as one and the same group.
  • The right to a dignified life, which includes protection from solitary confinement and other forms of abuse in detention as well as the right to housing and medical care, is guaranteed under the Indian constitution.

Implications of refugee

  • The refugees have significantly strained local resources and altered the demographic makeup of the area.
  • compromises in internal security.
  • They require a lot of time and resources to keep their data current.
  • Refugee traps result from accepting more refugees.
  • The nation cannot allow the refugees to remain in their country or be sent back.

Way forward

  • Infrastructure and socioeconomic development were the only long-term remedies for the predicament in Rakhine state.
  • How can India improve its strategy so that it aids in preventing future conflicts in Rakhine, facilitates the refugees' safe return to Myanmar, and reduces any potential terrorism-related actions involving the Rohingya refugees?
  • Delhi can take the lead in locating a long-lasting solution to the situation by playing active and effective roles in these areas.
  • The government of India must make sure that no Rohingya refugee is sent back to Myanmar before it is secure to do so.
  • At the same time, it will be crucial to provide basic utilities in refugee camps.
  • India must rise to the challenge and prove that it is not only motivated by limited local political considerations given its previous propensity for defending refugees.

Source: The Indian express

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