{"id":102149,"date":"2021-04-18T22:39:41","date_gmt":"2021-04-18T17:09:41","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=102149"},"modified":"2021-04-19T13:02:05","modified_gmt":"2021-04-19T07:32:05","slug":"an-anlaysis-of-sc-ruling-on-rohingyas","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/an-anlaysis-of-sc-ruling-on-rohingyas\/","title":{"rendered":"An Anlaysis of SC Ruling on Rohingyas"},"content":{"rendered":"\n<p><strong>Synopsis:<\/strong> Supreme court recently ruled against providing protection to Rohingya refugees. It signifies a flawed understanding of the international convention to protect Refugees.<\/p>\n<h5><strong>Background<\/strong><\/h5>\n<ul>\n<li>Recently an application was filed before the supreme court to release the Rohingya refugees. They were detained in a sub-jail in Jammu and were likely to be deported to Myanmar.<\/li>\n<li>The Supreme court disposed of the application.<\/li>\n<li>It signifies a lack of understanding of international law and constitutional protections for refugees.<\/li>\n<\/ul>\n<h5><strong>About Rohingyas<\/strong><\/h5>\n<ul>\n<li>The Rohingyas are termed as the world\u2019s most persecuted ethnic minority by the U.N<\/li>\n<li>In August 2017, the Myanmar military launched a clearance campaign in the Rakhine state (home to the ethnic Rohingya).<\/li>\n<li>As many as 7,50,000 Rohingyas fled to the neighboring states to escape a military crackdown and brutality.<\/li>\n<\/ul>\n<h5><strong>India and Rohingyas<\/strong><\/h5>\n<ol>\n<li>Nearly 40,000 Rohingyas who were feared of Genocide entered India and got settled in Refugee camps.<\/li>\n<li>Recently, the home ministry had issued circulars to states sharing borders with Myanmar to identify, detain and deport Rohingyas back to Myanmar.<\/li>\n<li>Following this, few states withdrew their support to provide food, shelter, or even essential medical care to the refugees.<\/li>\n<li>In Jammu and Kashmir after a biometric verification drive, over 170 Rohingya refugees were detained despite having <strong>UNHCR refugee cards.<\/strong><\/li>\n<li>The Indian government labeled them as illegal economic migrants and perceived them as a national security threat. They are also excluded from the Citizenship Amendment Act.<\/li>\n<li>In the past, India has differentiated illegal migrants and Refugees in its treatment of Afghan, Sri Lankan, or Tibetan refugees.<\/li>\n<li>However, lack of consideration over Rohingyas as refugees is a disservice done to thousands of lives who are already affected by <strong>Ethnic cleansing<\/strong>.<\/li>\n<\/ol>\n<h5><strong>What arguments are given by the supreme court?<\/strong><\/h5>\n<ol>\n<li><strong>First,<\/strong> SC held that refugees cannot invoke Article 32 right. However, the constitutional safeguards of Articles 14 and 21 are equally available to every person, including refugees.<\/li>\n<li><strong>Second, <\/strong>the distanced itself from commenting on the genocide happening in Myanmar. The court distanced itself despite the International Court of Justice (ICJ) observation that the Rohingya had suffered genocide.<\/li>\n<li><strong>Third, <\/strong>the court ignored India\u2019s binding commitment to <strong>non-refoulment<\/strong> and obligations in prohibiting genocide<strong>.<\/strong> India has ratified the Convention on <strong>Prevention and Punishment of the Crime of Genocide<\/strong> in 1959.\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li><strong>Principle of Non-Refoulement: <\/strong>It prevents expulsion of a refugee where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group, or political opinion.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<li><strong>Fourth, <\/strong>allowing Rohingyas to get deported is a breach of Article 21 and against the Gujarat High Court ruling In <strong>Ktaer Abbas Habib Al Qutaifi v Union of India<\/strong>. Even, Delhi High Court in <strong>Dongh Lian Kham v Union of India<\/strong> (2016) held the same view.\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>According to the Delhi and Gujarat High court, the Principle of Non-Refoulement protects the life and liberty of a human being irrespective of his nationality.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<li><strong>Fifth,<\/strong> the court stated that petitioners&#8217; claim to a right against deportation should be seen along with the <strong>right to reside<\/strong>. Under Article 19 right to reside is only available to citizens. But Rohingyas had never asked for the right to reside. Rather they have prayed for the <strong>right to life<\/strong> to reside in a camp and the <strong>right to liberty<\/strong> to protect them from arbitrary arrests, harassment, and intimidation.<\/li>\n<\/ol>\n<p>Source: <a href=\"https:\/\/indianexpress.com\/article\/opinion\/columns\/supreme-court-ruling-rohingya-refugees-illegal-detention-7277019\/\">Indian Express<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Synopsis: Supreme court recently ruled against providing protection to Rohingya refugees. It signifies a flawed understanding of the international convention to protect Refugees. Background Recently an application was filed before the supreme court to release the Rohingya refugees. They were detained in a sub-jail in Jammu and were likely to be deported to Myanmar. The&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/an-anlaysis-of-sc-ruling-on-rohingyas\/\">Continue reading <span class=\"screen-reader-text\">An Anlaysis of SC Ruling on Rohingyas<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[1581,1297],"class_list":["post-102149","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-po_9","tag-soty_3","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704834213},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/102149","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=102149"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/102149\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=102149"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=102149"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=102149"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}