India’s Rohingya refugee children are not criminals

Source: The post is based on the article “India’s Rohingya refugee children are not criminals” published in “The Hindu” on 28th August 2023.

Syllabus: GS3- Internal security

News: The author talks about the mistreatment of Rohingya refugees in India, especially kids. They mention how these refugees are kept in prison-like places and how India lacks clear refugee policies. The author says we should follow human rights rules to keep them safe and well.

Who are the Rohingya?

The Rohingya are an ethnic group from Myanmar.

They are heavily persecuted in their homeland.

The Myanmar military launched mass atrocities against them in August 2017.

Over 770,000 Rohingya fled these genocidal attacks.

They sought refuge in various countries, including India.

In India, at least 20,000 Rohingya are present.

What challenges do Rohingya face in India?

Detention: Many Rohingya, including children, are confined in detention or holding centres in India. For example, over 250 have been in Jammu centre since March 2021.

Lack of Legal Protection: India does not have a specific refugee policy and isn’t a signatory to the 1951 Refugee Convention. This means refugees can be detained under the Foreigners Act, 1946.

Separation from Families: Some children are separated from their parents and sent to juvenile justice homes, meant for children in conflict with the law.

Lack of Rights: Despite holding UNHCR cards, they are at risk of administrative detention and face limited freedoms in India.

What provisions exist in India for the protection of Rohingya?

UNHCR Cards: Many Rohingyas have UNHCR cards that validate their identity as refugees seeking safety.

Foreigners Act, 1946: Refugees are viewed as illegal immigrants under this act. It provides unchecked powers against foreigners, including potential detention and deportation.

India’s Ratification of the CRC: India ratified the UN Convention on the Rights of the Child (CRC) in December 1992. This asserts every child’s right to life, survival, and development.

Juvenile Justice Act, 2015: Some Rohingya children are sent to juvenile justice homes under this act, which is primarily meant for children in conflict with the law.

India’s 2011 Guidelines: These internal guidelines for the detention and treatment of refugees, which advocate for the release of detainees within six months, among other provisions.

What should be done?

Follow India’s Guidelines: Authorities should adhere to India’s 2011 internal guidelines on refugee treatment, which recommend releasing detainees within six months after collecting biometric details.

Set Conditions for Release: Detainees should provide local surety, assure good behavior, and report to the police every month.

Ombudsman Appointment: The National Human Rights Commission, India should collaborate with the Office of the United Nations High Commissioner for Human Rights to appoint an ombudsman to investigate refugee detention centres in India.