Introduction
A haunting petition has been filed in the Supreme Court of India, accusing the Indian government of forcibly expelling 43 Rohingya refugees — comprising children, women, the elderly, and those seriously ill — into international waters. The matter, if found to be true, raises important questions about the violation of human rights and whether India is living up to international expectations of treating refugees.
Allegations of Inhumane Deportation
According to the petition, the refugees were initially detained under the pretext of collecting biometric data. They were allegedly held in custody and transported to Port Blair, where they were loaded onto naval ships with their eyes blindfolded and hands tied. Shockingly, it is claimed they were later cast adrift into the open sea without any assistance or documentation.
The petition highlights that among the people enumerated were vulnerable groups, including children, pregnant women, and old people, some of whom had legitimate UNHCR refugee cards.
Legal and Human Rights Implications
These allegations brought India’s refugee policy, specifically its treatment of the Rohingya refugees who escaped persecution in Myanmar, under international scrutiny. India is not a signatory to the 1951 Refugee Convention, but according to customary international law, the principle of non-refoulement — the prohibition against returning individuals to a country where they could be at risk or persecuted — binds it.
The Supreme Court bench in this case was led by Justices Surya Kant, Dipankar Datta, and N. Kotiswar Singh. They observed the matter and then scheduled the hearing on July 31, 2025.
Why we need Refugee Protection Framework
This case highlights the need for an explicit, humane, and consistent policy of refugees in India. The absence of statutory protection makes refugees susceptible to arbitrary actions and tarnishes India’s international reputation as a democratic country with an interest in human rights.
About the Author:
Bhawya is pursuing PhD in Law from Apex Law University. She is quite interested in cybercrime and cyber abuse.