SC To Hear Petition Against Deportation Of Rohingya Muslims On Monday [Read Petition]

A Petition has been filed before the Supreme Court, challenging the decision to deport Rohingya Muslims, who have taken refuge in India to escape persecution in Myanmar.

The matter was mentioned by Advocate Prashant Bhushan on Friday, before a Bench comprising Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud. The Bench has agreed to list the case on Monday before the appropriate bench.

The Petition, filed by two refugees, relies on a Reuters report dated 14 August, 2017, which had revealed that the Central Government had directed the State authorities to identify and deport illegal immigrants including Rohingya, who face persecution in Buddhist-majority Myanmar. Currently, around 40,000 refugees are said to be residing in India.

The Petitioners contend that the proposed deportation is contrary to Articles 14, 21 and 51(c) of the Constitution of India. They further allege violation of the principle of ‘Non-Refoulement’, that prohibits the deportation of refugees to a country where they face threat to their life.

“…this principle in International law would extend protection to the lives of the petitioners and other members from the Rohingya community who have fled the bloodshed, persecution and violence they have faced in Myanmar and would prevent India from deporting them,” the Petition explains.

It goes on to cite the UNHRC Report of 2016 which had noted successive patterns of serious human rights violations to the right to life, liberty and security of the Rohingyas by State security forces and other officials in Myanmar. Besides, it contends that the lack of citizenship of the Rohingya community heightens their vulnerability to a range of human rights violations.

“Violations include summary executions, enforced disappearance, arbitrary arrest and detention, torture and ill-treatment, forced labour, arbitrary arrest and detention of hundreds of Rohingya, including women and children, and consistent allegations of torture and ill-treatment, including cases of severe beating, burning by cigarettes, burning of beards, forced labour, sexual humiliation and abuse, the denial of medical treatment, degrading conditions of detention and deaths in custody. Many from the Rohingya community fled their home country of Myanmar because of grave threat to their lives, and sought refuge in India. Their return would expose them to a serious threat of severe bodily harm,” it therefore submits.

Moreover, while the Petition acknowledges the lack of a de jure system of refugee protection in India, it contends that there exists a de facto refugee protection regime in the country. The authorities have, in general practice, taken cognizance of the UNHCR’s Refugee Certificates to allow most refugees an extended stay in India in the absence of political opposition, it submits.

The Petition, therefore, demands a direction to prevent deportation of the Rohingya Muslims, and to provide them with basic amenities to ensure that they can live in human conditions as required by International law in treatment of refugees.