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Research Paper | Law | India | Volume 8 Issue 7, July 2019

Refugees Status in India: A Special Reference to Rohingya Refugees

D.L Marshilong

Abstract: Refugee crisis is one of the foremost human rights problem faced by the world community today. A gross human rights violation is a major cause to the plight of refugees and as had happened in the past; the modern day refugee crises have resulted in many other problems. For India refugee is not a new issue. India has been quite tolerant to refugee and asylum seeker alike. When dealing with this problem, India has taken it as a basic part of bilateral relation with other states, and applying the principles of Humanitarian Traditions, International legal obligations and the Constitution of India, 1950 alongside with other Non- Government Organisation NGOs and the United Nation High Commissioner for Refugee (hence forth to be known as “UNHCR”) have help to give protection, security and guarantee to the basic human rights of the refugees in India. At present there are about 420, 400 refugees in India coming from neighbouring country like Bangladesh, China, Tibet, Bhutan, Sri Lanka and Myanmar. Apart from these, there are new refugees which set foot in India who came from Myanmar and are known as the Rohingya Refugee. The Rohingya Community have been struggling more a less like stateless people for more than 35 years. After a riot and conflict broke up in 2012 the Rohingya Muslim have found to be in constant oppression and violence which can even be said as a case of genocide in which cause them to flee their home land altogether. They entered illegally through Bangladesh and into West Bengal and Assam to which they would travel up to Delhi and Jaipur to get themselves registered under the UNHCR refugee status. However only a few were registered and most of them are considered by the Government as illegal migrant. From the last two years they have seen the increase of these Rohingya refugees which are recorded to be more than 40, 000 are in India particularly in the state of West Bengal, Jammu, Uttar Pradesh, and Assam. It is no doubt that when it comes to refugees cases is a geopolitical domain of the Government of India and must be bases on that manner and the relationship of India and Myanmar might hit the rock if it is question by the court in its executive decision. However, it also serve as a reminder to the Government that it should not take a blind approach to the situation when humanitarian basis are also in question, provided it has obligations toward every international customary norm to uphold and not to withdraw from those principles even though it is not yet a signatory to the Convention on Refugees, 1951. Therefore, Rohingya refugees should be accorded the same as other refugees in India and should not deprive them of any fundamental aids and assistance on a humanitarian basis. It should take into consideration the threat that will be put to Rohingya Refugees if they are to deported back to Myanmar when the situation in Myanmar are in violence and bloodshed and there is no progress in controlling the situation are not ready to promise any protection and safety to the Rohingya Refugees on their return to their home Country.

Keywords: Refugees Status in India

Edition: Volume 8 Issue 7, July 2019,

Pages: 1357 - 1363

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