•  
  •  
 

Abstract

Thousands of Rohingyas, who faced persecution and genocide in Myanmar, are seeking refuge in India. The Government of India has declared them as illegal immigrants and ordered their deportation. This article argues that the government has erred in declaring the Rohingyas as illegal immigrants and supports the case for granting them asylum. It argues that India is bound by the principle of non-refoulement as it is an established principle of international humanitarian law. It further relies on the Supreme Court’s human rights jurisprudence to argue that the principle of non-refoulement is a constitutional obligation on the government. The article further contends that the government’s decision to deport Rohingyas en masse and treating them as illegal immigrants without any rational classification or objective assessment on a case by case basis is ex-facie oppressive, unreasonable, and discriminatory

Share

COinS