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Context:
- The Union government’s stand on the Rohingya refugee issue
What is the government’s opinion?
- It considers Rohingya refugees as a potential security threat to the country
- It argues in the Supreme Court that refugees would deprive India’s citizens of their legitimate share in employment, housing, educational and medical facilities.
- The Buddhist citizens of India would face the threat of violence from the refugees.
Why the idea of deportation not just and fair?
- The intention of deportation itself an unusual abandonment of humanitarian principles
- The Rohingyas are stateless
- Myanmar refuses to accept most Rohingya as its citizens
- Hundreds of thousands have fled to Bangladesh in just the past few weeks.
- It is estimated to be 40,000 Rohingyas living in India
Why is India obliged?
- India is not a signatory to the UN Convention on Refugees (1951) but it but has so far adhered to its normative standards.
- It has played host to refugees of all hues, and stood by the principle of non-refoulement, under which refugees cannot be forced to return to conditions of danger.
- India should not forget the Right to life and liberty under Article 21 of the Constitution which is confined to anyone who has to face the rigours of law on Indian soil.
Conclusion:
The existing law on the subject as well as some judicial decisions do support the norm on deportation of illegal immigrants.
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