A more elaborate question was asked to eke out a clear response from the MHA, regarding the rehabilitation and the violation of the principle of refoulement against Rohingya in India. The government response ran as – “Illegal migrants (including Rohingyas) pose a threat to national security. There are reports about some Rohingya migrants indulging in illegal activities… Foreign nationals who enter into the country without valid travel documents, or whose travel documents expire while staying in India, are treated as illegal migrants and are dealt as per the existing legal provisions. India signed the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment on 14 October 1997. However, India has not ratified the Convention. India acceded to the International Convention on Civil and Political Rights (ICCPR) on 10 April 1979. Detention and deportation of undocumented migrants after nationality verification is a continuous process. The powers of the Central Government under Section 3 of The Foreigners Act, 1946 to deport illegal foreign nationals and powers under Section 5 of The Passport (Entry into India) Act, 1920 to remove an illegal foreigner by force, have also been entrusted under Article 258(1) of the Constitution of India to all the State Governments. Further, under Article 239(1) of the Constitution of India, Administrators of all Union Territories have been directed to discharge the functions of the Central Government relating to the aforesaid powers. A Writ Petition No. 793/2017 has been filed in the Hon’ble Supreme Court of India, inter-alia, praying not to deport Rohingyas from India. The matter is sub-judice in the Hon’ble Supreme Court. However, no stay has been granted by the Hon’ble Court on the deportation of Rohingyas being done as per procedure established by law.”9 Aside from presenting no evidence on how the Rohingya were involved in illegal acts, the response clearly evades the question of whether such acts violate international law, particularly international customary law. This response was almost a verbatim replica of another given in June 2019, on a question pertaining to the details of the number of Rohingya in India, the status of talks with the Government of Myanmar, and the measures taken by the government to deport them from India. The MHA had then additionally stated that it had: “held a number of meetings and Video Conferences at various levels and has impressed upon the State Governments and other stakeholders to identify illegal migrants including Rohingyas, watch their movements and cancel any Indian documents such as Personal Account Number (PAN) Cards, Aadhaar Cards10, Driving Licenses, Ration Cards etc. fraudulently obtained by them… Government has also taken up the issue of Rohingya migrants with the Government of Myanmar. It has emphasized the need for safe, speedy and sustainable return of these displaced persons. Since illegal immigrants enter into the country without valid travel documents in clandestine and surreptitious manner, there is no accurate data regarding number of such migrants living in the country.”11 Lok Sabha Unstarred Question No. 296 (20/7/21). Indian identification document issued to all residents. Allegedly obtaining Aadhaar illegally has been grounds for detention for several Rohingya across India. 11 Lok Sabha Unstarred Question No. 561 (25/6/19). 9 10 An