India’s actions stand in blatant violation of its obligations under customary international
law, particularly the principle of non-refoulement, which prohibits returning individuals to a
country where they may face persecution and/or serious harm. Despite not being a party to
the 1951 Refugee Convention, India is bound by treaties it has ratified, including Convention
on the Rights of the Child (CRC); International Covenant on Civil and Political Rights
(ICCPR); International Covenant on Economic, Social and Cultural Rights (ICESCR);
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD);
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); and
Convention on the Prevention and Punishment of the Crime of Genocide. As a party to the
Genocide Convention, India is obligated to protect Rohingya refugees as victims of genocide
and additionally punish the perpetrators of genocide. Furthermore, as signatory to the
Convention Against Torture (CAT), India must refrain from actions that would defeat the
object and purpose of the treaty.
Domestically, such actions violate Articles 14 and 21 of the Indian Constitution, which
guarantee equality before the law and protection of life and personal liberty to all
persons—not just citizens. The forced deportations of Rohingya refugees without any due
process stand contrary to the Supreme Court’s rulings. At the same time, the Supreme
Court, with its recent ruling, failed in its constitutional duty to protect vulnerable groups.
Calls to Action
To the Government of India:
● Immediately cease collective expulsions, arbitrary detentions, and forced
deportations, enforcing the principle of non-refoulement.
● Initiate an independent inquiry into the illegal deportations and detentions.
● Restore legal and humanitarian protections for all stateless persons and refugees.
● Recognize and uphold the legal significance of UNHCR documentation.
To the Judiciary:
● Uphold constitutional duties by ensuring protection for the most vulnerable,
regardless of nationality or legal status.
● Intervene urgently to stop illegal deportations and detentions, and safeguard
fundamental rights.
To International and Regional Actors:
● Condemn India's actions and mobilize diplomatic pressure.
● Demand coordinated, public responses to protect stateless communities.
● Address the need to restore citizenship for the Rohingya in Myanmar as a long-term
protection mechanism.
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