India’s top court paves the way for Rohingya deportations to Myanmar

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

Two refugees have petitioned the Supreme Court to release Rohingya refugees detained in the northern Jammu region last month and to block the government from deporting them. Their plea claimed that the Jammu refugees “were illegally detained and imprisoned in a sub-prison now transformed into a detention center”.

Their petition added that the Indian constitution – which stipulates that no one will be deprived of life or personal liberty – includes, in principle, the concept of non-refoulement, which prohibits the expulsion of refugees to a country where they are likely to be persecuted.

But Chief Justice Sharad Arvind Bobde said the deportations could continue as long as officials follow suit.

“It is not possible to grant the provisional measures for which he prayed,” the judge said in his order. “As for the statement made on behalf of the petitioners about the current state of affairs in Myanmar, we must say that we cannot comment on something that is happening in another country.”

He added that India was not a signatory to the 1951 United Nations Convention Relating to the Status of Refugees and that the principle of non-refoulement was applicable only to Member States. Moreover, he added, India’s porous land borders have resulted in a “continuing threat of an influx of illegal immigrants”, which has “serious ramifications of national security”.

India does not have legislation specifically addressing refugees – so Rohingya refugees are often labeled illegal immigrants being deported by the government under the Aliens Act of 1946 and the Aliens Order of 1948.

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

The decision sparked panic among Indian refugees, a leader of the Rohingya community in New Delhi told Reuters, who refused to be named for fear of reprisals.

“This is a terrifying order issued by the highest court in India,” he said. “Given the horrific situation in Myanmar, we really hoped that the judge would decide in our favor.”

The Modi government says the Rohingya are in the country illegally and pose a security threat. At least a dozen Rohingya have been deported since 2017, according to community leaders.

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