Rohingyas and the (Il)Legal Quest
violates art 21 of the Constitution of India 1950, which protects the fundamental
right to life of all persons (extending to Rohingyas) and not just Indian citizens. 16
This government crackdown has not only instilled a fear of deportation amongst
the Rohingya community, but has also pushed them into the corner by denying
them virtually all other avenues for obtaining any form of identity document.
Calling Rohingyas ‘illegal immigrants’ not only meant their impending
deportation, but also the subsequent denial of all other forms of identity including
refugee status. The UNHCR issued refugee card can no longer provide security
against non-refoulement to the Rohingyas living in India, and the government has
arbitrarily discontinued the practice of giving Long Term Visas (‘LTVs’) to
Rohingyas. 17 A Rohingya living in India for many years shared his agony in the
following way to me:
I had acquired the Aadhaar card (before 2018) through proper legal channels by
providing my electricity bill and LTV. Suddenly, why is it that the Indian
authorities have now cancelled my Aadhaar card? Even the refugee card issued by
UNHCR to me is not being recognised. I have been staying in India certainly for
more than one hundred and eighty two days. Even my children were born on Indian
soil! When will I qualify to be an Indian resident? I do not want Indian citizenship.
Rather, I dream of going back to Myanmar with full citizenship rights. I am thankful
to the people of India for giving me shelter here… But I do not want to live in fear
of deportation and suffer mental harassment like this every day. 18
Rohingyas, on account of their religious identity as Muslims, have also been
alleged to have ‘terrorist links’ to the Islamic state and are consequently seen as a
‘security threat’ to India, though there is no evidence to prove the same. 19
Rohingyas, therefore, continue to be seen as Muslims who must be under
continuous surveillance. Already, the police of the northern state of Jammu and
Kashmir have started collecting personal data and biometrics of the Rohingyas
living in the state. 20
A new angle has now been added to the religious identity of Rohingyas. In July
2020, reports claimed that Rohingya Muslims along with Afghan Muslims were
converting to Christianity to claim citizenship status under the Citizenship
16
17
18
19
20
‘Deporting Rohingya Could Have Huge Implications on India and Tarnish Global Image,
Says Lawyer Colin Gonsalves’, Firstpost (online, 27 September 2017)
<https://www.firstpost.com/india/deporting-rohingyas-would-have-huge-implications-onindia-says-lawyer-colin-gonsalves-4085149.html>.
See Ali Johar in Institute on Statelessness and Inclusion, ‘Webinar: Human Rights and Covid19. What Now for the Rohingya?’ (YouTube, 29 June 2020) 0:16:37−0:24:32
<https://www.youtube.com/watch?v=sPrQEMgK_Bw&t=35s>.
Interview with Anonymous Rohingya Based in India (Tejal Khanna, 2020).
‘Make Public Evidences of Links of Rohingyas with Islamic State, Pakistan: Congress to
Centre’, Firstpost (online, 21 September 2017) <https://www.firstpost.com/politics/makepublic-evidences-of-links-of-rohingyas-with-islamic-state-pakistan-congress-to-centre4068379.html>. Also see Niranjan Sahoo, ‘India’s Rohingya Realpolitik’, Carnegie (online,
31 October 2017) <https://carnegieendowment.org/2017/10/31/india-s-rohingya-realpolitikpub-74590>.
See ‘Refugees Twice Over: Why Rohingya Who Had Found Shelter in Jammu are Fleeing
Again’, Scroll.in (online, 7 Feb 2019) <https://scroll.in/article/912146/refugees-twice-overwhy-rohingya-who-had-found-shelter-in-jammu-are-fleeing-again>;
Mudasir
Amin,
Nobody's Children, Owners of Nothing’: Analysing the Indian State’s Policy Response to the
Rohingya Refugee Crisis (Report, The Hindu Centre for Politics and Public Policy 29 August
2018)
<https://www.thehinducentre.com/publications/policyreport/article24828825.ece/BINARY/Policy%20Report%20No.24> 81–94.
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