India deports 7 Rohingya as SC refuses to intervene

Posted October 05, 2018

In a separate statement issued by the Office of the High Commissioner for Human Rights, Tendayi Achiume, the UN Special Rapporteur on racism, said: "The Indian Government has an global legal obligation to fully acknowledge the institutionalised discrimination, persecution, hate and gross human rights violations these people have faced in their country of origin and provide them the necessary protection".

"We are not inclined to interfere on the decision taken", the apex court said.

CJI Gogoi observed that according to the affidavit submitted by the GOI, the seven individuals in question were found to be illegal immigrants as well as convicts under the Foreigners Act.

A bench of Chief Justice Ranjan Gogoi and Justices Sanjay Kishan Kaul and K.M. Joseph said that even the country of their origin Myanmar has identified them and accepted them as its citizens.

The Assam Government on October 3, sent seven Myanmar nationals, who are widely suspected to be Rohingya refugees from a detention camp in Silchar to Imphal in Manipur.

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Bhaskar Jyoti Mahanta, a senior police officer from Assam state said the police were not taking the Rohingya's ethnic or religious background into consideration when deporting them.

Human rights lawyer Prashant Bhushan had earlier urged India's Supreme Court to stop the deportations, or at least allow the United Nations to speak to the deportees and ensure they knew the risks of returning to Myanmar.

Prime Minister Narendra Modi's Hindu nationalist government has described undocumented Rohingya immigrants as posing a national security threat and asked state governments past year to identify and deport them.

The UN had voiced concern that returning the men ignored the danger they faced in Myanmar, where for decades the Rohingya have been targeted in violent pogroms by security forces.

This is for the first time Rohingya immigrants were sent back to Myanmar from India.

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"These are not illegal immigrants but refugees who have migrated due to genocide in their country". An estimated 40,000 Rohingya have taken refuge in parts of India. "First, all immigration formalities were completed on the Indian side and we met the Myanmarese authorities at the immigration office near no-man's land".

The Indian government says it has evidence there are extremists who pose a threat to the country's security among the Rohingya Muslims who have settled in many Indian cities.

More than 700,000 Rohingya fled to Bangladesh after an army crackdown in Myanmar a year ago.

New Delhi's move has drawn criticism from the United Nations, which said the forced return of the Rohingya violates worldwide law.

"Seven individuals from Rakhine State in Myanmar had been detained in 2012 for violation of the Foreigners Act". Under the 1982 Citizenship Law of Myanmar, they have been denied Myanmar citizenship as the Myanmar government claims that they are illegal immigrants from Bangladesh and since then they are stateless minorities.

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