India’s Supreme Court paves the way for Rohingya deportations to Myanmar

India’s Supreme Court paves the way for Rohingya deportations to Myanmar

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The government of Prime Minister Narendra Modi tried to send back Rohingyas, a Muslim minority from Myanmar who had found refuge in India, after fleeing persecution and waves of violence over the years.

Two refugees have applied to the Supreme Court for the release of Rohingya refugees detained in the North Jammu region last month, and to stop the government from deporting them. In their plea, it was argued that refugees in Jammu were “illegally detained and imprisoned in a prison cell that has now been converted into a control center.”

Their petition added the Indian constitution, which stipulates that no person will be deprived of life or personal liberty: the principle of non-prohibition, which prohibits the expulsion of refugees to a country where they are likely to be subjected to persecution.

But Chief Justice Sharad Arvind Bobde said the deportations could continue as long as officials followed the proper process.

“It is not possible to grant the interim relief requested,” the judge said in his order. “Regarding the argument raised on behalf of the petitioners about the current state of affairs in Myanmar, we must declare that we cannot comment on anything that is happening in another country.”

He added in the order that India is not a signatory to the 1951 United Nations Convention Relating to the Status of Refugees, and that the principle of non-refutation applies only to member states. He further added that India’s porous land borders lead to a ‘continuing threat of the influx of illegal immigrants’ which ‘has serious consequences for national security’.

India does not have legislation specifically referring to refugees – so Rohingya refugees are often labeled as illegal immigrants subject to deportation by the government under the Foreigners Act 1946 and the Foreigners Order 1948.

Hundreds of people have been killed in Myanmar since the army took power during a February 1 coup.

The verdict caused panic among refugees in India, a Rohingya community leader in New Delhi told Reuters and did not want to be nominated for fear of retaliation.

“This is a frightening order made by the highest court in India,” he said. “Given the appalling situation in Myanmar, I really hoped the judge would rule in our favor.”

The Modi government says the Rohingya are illegal in the country and are a security threat. According to community leaders, at least a dozen Rohingya have been deported since 2017.

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