Context:
The Supreme Court docket noticed that if Rohingya are discovered to be “foreigners” below the Foreigners Act, the Central Authorities has the fitting to deport them, as per due authorized process.
Relevance :
GS 2 ( Polity & Governance ) | GS 3 ( Inner Safety )
Key Authorized Highlights:
- Bench: Headed by Justice Surya Kant
- Concern: Petitions filed difficult Centre’s transfer to deport Rohingya refugees
- Petitioners’ Argument:
- Rohingyas maintain UNHCR refugee playing cards
- They get pleasure from safety from deportation below worldwide humanitarian ideas (non-refoulement)
Centre’s Stand:
- India is not a signatory to the 1951 UN Refugee Conference
- Referred to an earlier SC ruling permitting the Centre to control entry, keep, and deportation of foreigners below Part 3 of the Foreigners Act, 1946
- Refugee standing granted by UNHCR just isn’t binding on Indian legislation
Supreme Court docket Observations:
- Proper to Life (Article 21) and Proper to Equality (Article 14) can be found to all
- Nonetheless, Proper to settle or reside (Article 19(1)(e)) is unique to Indian residents
- Refugees have no absolute proper to reside in India if discovered to be unlawful immigrants
- Deportation should observe “process established by legislation”
Implications for India:
- Raises questions on refugee safety in absence of a home refugee legislation
- Highlights safety vs. humanitarian rights debate
- Places highlight on India’s coverage on stateless individuals and casual refugee protocols
Approach Ahead:
- Enact a complete refugee coverage/legislation
- Make clear India’s stance on non-refoulement
- Guarantee deportations are humane, lawful, and clear
- Stability nationwide safety considerations with worldwide human rights requirements
Who’re the Rohingya?
The Rohingya are a Muslim ethnic minority group who primarily reside in Rakhine (previously Arakan) and converse a dialect intently associated to the Chittagonian language spoken in Bangladesh, which is distinct from the dominant Burmese language. Whereas the Rohingya declare ancestry within the area relationship again centuries, the Myanmar authorities has persistently denied them recognition as one of many nation’s official ethnic teams, as a substitute labeling them as unlawful immigrants from Bangladesh
Historical past of the Rohingya Disaster
Pre-1948 (British Colonial Rule):
- British annexation of Arakan in 1826 led to migration from Bengal to Rakhine.
- Migration elevated below British rule for labour.
1948 – Myanmar Independence:
- Rohingya not acknowledged as one of many official 135 ethnic teams.
- Tensions rise between Buddhist majority and Muslim Rohingya.
1962 – Navy Rule:
- Ethnic repression will increase below navy dictatorship.
- Rohingya citizenship more and more restricted.
1982 – Citizenship Regulation:
- Myanmar enacts a Citizenship Regulation excluding Rohingya from full citizenship.
- They’re labeled as “stateless”; denied entry to fundamental rights like training, healthcare, and motion.
2012 – Communal Violence:
- Riots erupt in Rakhine between Rohingya Muslims and Rakhine Buddhists.
- Hundreds displaced; refugee outflows start towards Bangladesh, India, Malaysia.
2016–2017 – Navy Crackdown:
- Armed group Arakan Rohingya Salvation Military (ARSA) assaults Myanmar police posts.
- In response, Myanmar navy launches brutal counterinsurgency operation.
- UN calls it a “textbook case of ethnic cleaning”; over 740,000 Rohingya flee to Bangladesh.
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