Deportation Of Rohingyas Not Only Violates Art. 21 And International Norms But Like Sending Them To Torture Or Death:Petitioner To Supreme Court

In connection with the Rohingya matter, an additional affidavit has been filed before the Supreme Court, against the proposed deportation of the members of the Rohingya community, who have fled persecution in Myanmar and taken refuge in India.

"The deportation would not only violate their Article 21 right and all international norms but "would almost be like sending them back to torture or death", it is submitted.

The bench headed by CJ S. A. Bobde is scheduled to hear on Friday an application seeking the release of the Rohingya refugees who have been arbitrarily detained in the Jammu region as well as for staying there threatened depredation to Myanmar on the ground that it violates the rights under Article 21 and that deporting them would put them under serious risk of grave bodily harm. The supplementary affidavit brings on certain additional documents.

It indicates that on January 23, 2020, the ICJ gave a landmark judgement in the context of ethnic atrocities against the Rohingya community in Myanmar. The court found that the Rohingya community in Myanmar has suffered genocide and ordered the government of Myanmar to restrain their military forces from continuing with the oppression of the Rohingyas. This order was unanimously issued by the 15 member bench of the ICJ

It is pointed out that the ICJ judgement relies upon the report of the UN Human Rights Council's Independent International Fact-Finding Mission on Myanmar dated 24 August 2018 which had definitely concluded that the Myanmar military with certain civilian actors have been responsible for committing international crimes of genocide and crimes against humanity against Rohingyas.

"Recently because of the military coup in Myanmar which began on 1st February, the general situation of human rights in Myanmar has greatly worsened leading to many more refugees from other communities also fleeing Myanmar. Recently, the Chief Minister of Mizoram has written to the Prime Minister, expressing his anguish at the advisories from the Union Ministry of Home Affairs to the chief secretaries of north-eastern states bordering Myanmar and also to the security forces like Assam Rifles and BSF, for taking action to prevent illegal influx from Myanmar in the current internal situation there and to initiate the deportation process expeditiously and without delay", it is submitted.

It is mentioned that the UN Human Rights Council report of the Special Rapporteur on the Situation of Human Rights in Myanmar dated March 4 details the continuing human rights abuses in Myanmar against the military coup. The report concludes that the people of Myanmar are suffering under the illegal overthrow of their government and the brutal repression of a military authoritarian regime and recommends that the military stop the use of excessive and lethal force against the people of Myanmar and respect the rights of peaceful assembly and association.

"The petitioner submits that India has an obligation to prevent genocide. In 1948, the UN approved the Convention on the Prevention and Punishment of the Crime of Genocide which established genocide as an international crime, which signatory nations 'undertake to prevent and punish'. The international law considers the prohibition of genocide as a 'jus cogens' norm, a norm of fundamental importance from which states cannot derogate, also known as peremptory norm. India, along with Panama and Canada, was the force behind the adoption of the Genocide Convention on December 9, 1948. It sponsored the General Assembly resolution which paved the way for the adoption of the Convention", it is urged.

The original petitioner in the case Mohammed Salimullah approached Supreme Court with a plea seeking directions for release of the Rohingya refugees who have been detained in Jammu and to refrain the government from implementing any orders on deporting them. The plea has also sought directions to UNHCR to intervene and assess the protection needs of the refugees and grant them refugee cards.