Once known for its humanitarian approach to displaced populations, India now finds itself at the center of a growing international scandal. Allegations of inhumane maritime deportations of Rohingya refugees have drawn widespread condemnation, marking a stark departure from the country’s historic legacy of offering refuge to persecuted communities.
India has never formally signed the 1951 Refugee Convention or its 1967 Protocol, yet for decades it extended asylum to groups fleeing conflict — from Zoroastrians and Tibetans to Tamils and Bangladeshis. These policies reflected a blend of constitutional protections, Gandhian values, and judicial compassion. However, the nation’s approach has shifted dramatically, especially in its treatment of the Rohingya, a stateless Muslim minority fleeing genocide in Myanmar.
The backlash intensified following a chilling incident in early May 2025. On May 6, Delhi police detained 43 Rohingya refugees, many of whom held valid United Nations High Commissioner for Refugees (UNHCR) cards, under the pretext of biometric verification. Detainees included women, children, cancer patients, and the elderly. Held without access to legal aid or family contact, the group was transported under cover of night to Port Blair, Andaman and Nicobar Islands, and placed aboard an Indian naval vessel.
According to survivor accounts, they were blindfolded, tied, and later forced into the Andaman Sea with only life jackets and vague directions toward international waters. Without food, medical care, or protection, many risked drowning. Some survivors eventually washed up on Myanmar’s shores, while others reportedly begged authorities to be taken to Bangladesh due to fears of renewed persecution.
These actions were revealed before India’s Supreme Court on May 8 during ongoing litigation concerning refugee rights. Despite the gravity of the claims, the court postponed proceedings until July 31, declining to offer interim protection. On May 13, two deportees filed a petition — Mohammad Ismail v. Union of India — demanding return to Indian custody, compensation, and recognition of their refugee status.
The United Nations has responded sharply. On May 15, UN Special Rapporteur Tom Andrews condemned the deportations as “outrageous” and “unconscionable,” citing credible reports of abuse and endangerment. Andrews urged India to launch a transparent investigation and halt any further deportations that could violate the international legal principle of non-refoulement — which prohibits returning individuals to a country where they face threats to life or freedom.
India’s constitutional guarantees under Articles 14 and 21 offer protection to all persons — not just citizens — and its obligations under the International Covenant on Civil and Political Rights (ICCPR) and Convention Against Torture (CAT) further reinforce this duty. Yet, Indian authorities continue to label Rohingya as “illegal migrants” under outdated laws such as the Foreigners Act (1946), circumventing rights that the judiciary has long upheld.
Assam’s Chief Minister Himanta Biswa Sarma recently announced a policy of expedited “pushbacks” of detained Rohingya to Bangladesh without judicial oversight. Rights groups warn this represents a broader shift away from due process and into arbitrary expulsions — a move that threatens to erode India’s credibility as a moral leader in the region.
Social impacts are already visible. Rohingya in India face digital exclusion, denied Aadhaar IDs and access to public services. Education and healthcare remain elusive, with reported deaths in detention due to medical neglect. UNHCR cards, once seen as a shield of protection, are now dismissed by Indian authorities.
What was once a proud legacy of sanctuary is now marred by secrecy, abuse, and international scrutiny. If India fails to investigate these allegations and uphold its legal and moral obligations, it risks not just the lives of refugees — but the very principles that once defined its standing in the world.
BOB Post
