South Asia State of Minorities Report 2019
that ‘identifying person whose citizenship is doubtful’ is central to
this exercise. Furthermore, the national government has asked for
detention centres to be established in each state, and Foreigners
Tribunals to be set in districts across the country. And some BJPruled states, such as Uttar Pradesh57 in the north and Karnataka58 in
the south are relying on the police to arbitrarily round up ‘suspected
foreigners’, all of whom are Muslim. Rights scholars and activists
point out that the goals of this exercise are irrational, and the costs
far outweigh whatever gains there might be. The methods used
to roll out the exercise are also unconstitutional, as they violate
the provisions of non-discrimination and ensuring dignity and
equality of all in the constitution and international law.59
Conclusion
India has neither signed the 1951 UN Convention on Refugees
nor devised its own domestic refugee law. Refugees and forced
migrants are therefore treated on a par with other foreigners and
not guaranteed basic rights, such as prohibition of discrimination,
equality of opportunity, and freedom of speech and movement.
The core principle of the UN Convention on Refugees is nonrefoulement, which asserts that a refugee should not be forced
to return to a country where they face serious threats to their
life and freedom. This principle, considered a rule of customary
international law, was violated when the Indian Supreme Court
refused to intervene to stop the deportation of Rohingya refugees
by the central government in October 2018.
India has also not ratified the 1954 Convention Relating to the
Status of Statelessness Persons, meaning that stateless persons are
not recognised as legal entities deserving the minimum standards
of treatment due to them, including the right to education,
57 ‘UP Cops to Launch Crackdown on Illegal Bangla Immigrants,’ The Times of
India, October 2, 2019, https://timesofindia.indiatimes.com/city/lucknow/up-copsto-launch-crackdown-on-illegal-bangla-immigrants/articleshow/71402211.cms.
58 ‘Karnataka Police Arrests 60 on Suspicion of Being Undocumented
Bangladeshi Immigrants,’ The Wire, October 27, 2019, https://thewire.in/rights/
karnataka-police-arrests-60-on-suspicion-of-being-undocumented-bangladeshiimmigrants.
59 Gautam Bhatia, ‘A Bill That Undercuts Key Constitutional Values,’ The
Hindu, October 6, 2019, https://www.thehindu.com/opinion/lead/a-bill-thatundercuts-key-constitutional-values/article29611770.ece.
60
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents