Indian Prime Minister Narendra Modi has been consistently attempting to pave the way for the sending back of Rohingya to Myanmar after they have spent refuge in India to avoid unending violence and series of unjust arrests in Myanmar itself. This unsettling situation has led two refugees to address petitions towards the Supreme Court regarding civilians detained at the disputed area of Jammu and prevent the possibility of deportation taking place. However the Chief Justice Sharad Arvind Bobde said that a decision to deport the Rohingyas would be likely. Concerningly, Modi has gone on to iterate that the Rohingya population within the country are illegal and as potentially posing unforeseen security threats. While the Rohingya in India carry identification cards supplied by the United Nations refugee agency, India is not an active member of the UN Refugee Convention. With a lawyer, Fazal Abdali involved in the deportation case goes on to state,’’ it sends a message that India is no longer a refuge for persecuted minorities.’’ Organizations like the Human Rights Watch have clarified that all attempts by India to deport Rohingyas would leave them significantly vulnerable towards the violence and oppressive nature of Myanmar's government and military forces. With the Myanmar military effectively cracking down on basic human rights, access to news as well as introducing new prosecution regulations since taking over the government in February of 2021. Moreover, the recent acts by the Indian government such as detention in Jammu and Kashmir have represented earlier intentions in 2017 as the government views them as “ illegal immigrants.’’ With a Rohingya refugee, Mohamed Saleem stating that,’'we are not ready to go back, until the situation in Myanmar changes.’’
An intense legal battle ensues over disputed handling of the Rohingya peoples treatment and lack of human rights delivered for them
While a senior advocate Harish Salve, commenting on the topic of non-refoulement has made it clear that the Indian Government is not an official member of the UN Refugee Convention. Though the Supreme Court has noted that India is not a signatory member of the Refugee Convention and thus, the Court has refused to declare the release of 150 Refugees detained in centers within Jammu and thus allows the deportation as of current, to the parent country as per procedural law. India refuses to submit to the United Nations stance on the situation in relation to refoulment
Source: Live Law
of Rohingya peoples as being unjustifiable. However, India’s current justification of their
current approach is supported by the fact that they do not recognize or have not officially agreed to the protocol relating to the definitive status of refugees. Though during a recent hearing, advocate Prashant Bhushnan had previously agreed to the order passed by International Court of Justice and had earlier admitted that Rohingyas had faced genocidal threat in Myanmar which contradicts Harish Salve’s decision making. Bhushnan went on to highlight that sending the Rohingya back to Myanmar at its current state would endanger them. Furthermore, mass protests in regard to utter disregard have taken place in the past few weeks which has left roughly 54 people dead and displaced which includes both teenagers and youth as reported by the United Nations.