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A recent study by The Azadi Project and Refugees International highlighted India's failure to meet its obligations under international human rights treaties.
The report highlights human rights violations against Rohingya refugees in India. It criticizes India for failing to uphold its international obligations under human rights treaties.
According to the United Nations High Commissioner for Refugees (UNHCR), nearly 22,500 Rohingya refugees are living in India.
The 1951 Refugee Convention, along with its 1967 Protocol, emphasizes the principle of non-refoulement; prohibits countries from expelling individuals to places where they may face persecution, torture, or other human rights violations. This principle is recognized as customary international law, which binds states even if they haven't formally agreed to the Convention.
India does not have a specific domestic refugee law. It depends on outdated laws like the Foreigners Act, 1946, and the Passport Act, 1967, to manage the presence of foreigners, which categorize Rohingya refugees as “illegal migrants,” giving authorities the power to detain them.
India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, which limits its legal obligations toward refugees.
India is a signatory to several international treaties, including the International Covenant on Civil and Political Rights (ICCPR), which obligates states to refrain from sending individuals back to places where they may face torture or inhuman treatment.
India has also ratified the Convention on the Elimination of Racial Discrimination and the Convention on the Rights of the Child, which include non-refoulement provisions. India has not ratified the Convention Against Torture, although it is a signatory.
In the absence of a domestic refugee law, India has referred to international treaties in its rulings. The Supreme Court has upheld that international conventions must be followed to protect the dignity of human life.
In cases like Vishaka vs. State of Rajasthan (1997) and National Legal Services Authority v/s Union of India (2014), the Supreme Court emphasized the application of international norms.
India’s lack of a standardized refugee policy results in inconsistent treatment of refugees. While some groups like Tibetans and Sri Lankans receive support, Rohingya refugees face arbitrary detention and criminal charges.
The controversial Citizenship Amendment Act (CAA), 2019, specifically excludes Muslims, including the Rohingya, from its provisions.
The absence of legal aid and the cancellation of several foreign funding licenses for civil society organizations make it difficult for the Rohingya to access justice.
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PRACTICE QUESTION Q.Critically Analyze the impact of India’s geopolitical interests on its refugee policy, especially in relation to the Rohingya. (150 words) |
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