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{{Short description|Displaced people from Myanmar in India}}
{{Use Indian English|date=May 2022}}
{{Use dmy dates|date=May 2022}}
{{Infobox ethnic group
| group = Rohingya people
| native_name = 𐴌𐴗𐴥𐴝𐴙𐴚𐴒𐴙𐴝
| native_name_lang = rhg
| image = Displaced Rohingya people in Rakhine State (8280610831) (cropped).jpg
| population = 40,000 <small>(documented)</small><ref name="Al Jazeera detains">{{Cite news |author1=Aakash Hassan |author2=Zafar Aafaq |title='Repeat of what happened in Myanmar': India detains 160 Rohingya |work=Al Jazeera |url=https://www.aljazeera.com/news/2021/3/8/repeat-of-what-happened-in-myanmar-india-detains-160-rohingya}}</ref>
| regions = {{Plainlist|
* [[Jammu]]
* [[Hyderabad]]
* [[Delhi]]
* [[Nuh district|Nuh]]
}}
| languages = [[Rohingya language|Rohingya]]
| religions = Predominantly [[Muslims]];{{citation needed|date=May 2025}} minorities of [[Hinduism|Hindus]]<ref name="dhakatribune.com">{{cite web|url=http://www.dhakatribune.com/world/south-asia/2017/09/19/rohingya-hindu-horror-myanmar-military/ |title=Rohingya Hindu women share horror tales |website=Dhaka Tribune |date=19 September 2017 |access-date=16 January 2018|archiveurl=https://web.archive.org/web/20230628185737/https://archive.dhakatribune.com/world/south-asia/2017/09/19/rohingya-hindu-horror-myanmar-military|archive-date=28 June 2023}}</ref><ref name="Rohingya Hindus now face uncertaint">{{cite web|url=http://www.aljazeera.com/news/2017/09/rohingya-hindus-face-uncertainty-myanmar-170921093116573.html |title=Rohingya Hindus now face uncertainty in Myanmar |date=21 September 2017 |publisher=Al Jazeera |access-date=16 January 2018|archiveurl=https://web.archive.org/web/20221206214702/https://www.aljazeera.com/videos/2017/9/21/rohingya-hindus-now-face-uncertainty-in-myanmar|archive-date=6 December 2022}}</ref> and [[Christianity|Christians]]<ref>{{Cite web |url=https://www.fortifyrights.org/bgd-inv-2020-03-06/ |title=Bangladesh: Investigate Abductions, Protect Ethnic-Rohingya Christians |date=6 March 2020 |publisher=Fortify Rights|archiveurl=https://web.archive.org/web/20231004234110/https://www.fortifyrights.org/bgd-inv-2020-03-06/|archive-date=4 October 2023}}</ref><ref name="auto3">{{Cite web |url=https://www.hrw.org/news/2020/02/13/christians-abducted-attacked-bangladesh-refugee-camp |title=Christians Abducted, Attacked in Bangladesh Refugee Camp |date=13 February 2020|archiveurl=https://web.archive.org/web/20240224202441/https://www.hrw.org/news/2020/02/13/christians-abducted-attacked-bangladesh-refugee-camp|archive-date=24 February 2024}}</ref>
}}

Around 40,000 [[Rohingya people|Rohingya]] live in slums and detention camps across the [[Republic of India]], including [[Jammu]], Hyderabad, Nuh, and [[Delhi]], the majority of whom are undocumented.<ref name="Al Jazeera detains" /><ref>{{cite web |title=The Citizenship (Amendment) Bill, 2019 |url=https://prsindia.org/sites/default/files/bill_files/Citizenship%20%28A%29%20Bill%2C%202019%20as%20passed%20by%20LS.pdf |website=PRS India |access-date=17 August 2019 |archive-date=31 October 2019 |archive-url=https://web.archive.org/web/20191031143237/https://www.prsindia.org/sites/default/files/bill_files/Citizenship%20%28A%29%20Bill%2C%202019%20as%20passed%20by%20LS.pdf |url-status=dead }}</ref><ref>{{cite web |title=The Citizenship (Amendment) Bill, 2016 |url=https://www.prsindia.org/billtrack/the-citizenship-amendment-bill-2016-4348 |website=PRS India - Ministry of Home Affairs |access-date=17 August 2019|date=19 July 2016 }}</ref><ref>{{cite web |title=What is the Citizenship (Amendment) Bill 2016? |url=https://www.indiatoday.in/education-today/gk-current-affairs/story/what-is-citizenship-amendment-bill-2016-1372701-2018-10-22 |website=India Today |date=22 October 2018 |access-date=26 January 2019}}</ref><ref>{{cite news |title=What is the Citizenship (Amendment) Bill, 2016? |url=https://www.thehindu.com/news/national/other-states/what-is-the-citizenship-amendment-bill-2016/article23999348.ece |newspaper=The Hindu |access-date=26 January 2019|date=26 May 2018 |last1=Purkayastha |first1=Debasree }}</ref> According to Indian law, illegal immigrants are not refugees. Since India is not a [[Signature|signatory]] to the [[Convention Relating to the Status of Refugees|1951 Refugee Convention]],<ref name=LegalMigrantsOnly1>{{Cite web|url=https://www.thequint.com/india/2017/06/23/tibetan-refugees-india-passports-not-property|title=Tibetan Refugees in India Get Passports, Not Property|website=The Quint|language=en|access-date=4 March 2019|date=23 June 2017}}</ref><ref>{{Cite news|url=https://timesofindia.indiatimes.com/city/trichy/lankan-refugees-in-dilemma-over-return/articleshow/57565017.cms|title=Sri Lankan refugees in dilemma over return - Times of India|website=The Times of India|date=10 March 2017 |access-date=4 March 2019}}</ref> the United Nations principle of [[non-refoulement]] and [[impediment to expulsion]] does not apply in India. Illegal immigrants are denied impediment to expulsion if they do not fall within the host country's legal definition of a lawful refugee.<ref>[http://hudoc.echr.coe.int/eng#%7B%22appno%22:%5B%2225498%2F94%22%5D%7D Search results on "Impediment to expulsion"] in the European Court of Human Rights archive.</ref> On 9 August 2012, during a Supreme Court hearing about a [[Public interest litigation in India|public interest litigation]] petition for deportation of illegal migrants, it was told that the policy of the government of India does not support any kind of illegal migration either into its territory or illegal immigration of its citizens and the government is committed to deporting illegal migrants, but only lawfully.<ref>{{cite news|url=http://www.thehindu.com/news/national/article3747019.ece|title=Committed to deporting illegal migrants, but only lawfully: Centre|date=10 August 2012|newspaper=The Hindu|last1=Venkatesan|first1=J.}}</ref> In August 2017, the [[Bharatiya Janata Party]] led Union Government asked state governments to initiate the process of deportation for all illegal immigrants including Rohingyas.<ref>{{Cite news|last=Miglani|first=Krishna N. Das, Sanjeev|date=2017-08-14|title=India says to deport all Rohingya regardless of U.N. registration|language=en|work=Reuters|url=https://www.reuters.com/article/us-myanmar-rohingya-india-idUSKCN1AU0UC|access-date=2021-06-27}}</ref> This was challenged before the [[Supreme Court of India]] by three Rohingya refugees, wherein the [[Government of India]] submitted an [[affidavit]] claiming that there were over 40,000 "illegal [Rohingya] immigrants", mostly spread across Assam, West Bengal and [[Jammu and Kashmir (union territory)|Jammu and Kashmir]] and that they were a [[National security#India|threat to the security of state]].<ref name="threat2">{{cite news|title=Rohingya presence poses national security threat: Centre to SC|url=http://indianexpress.com/article/india/supreme-court-rohingya-muslims-myanmar-rajnath-singh-4849051/|access-date=6 October 2017|date=18 September 2017}}</ref><ref name=":1">{{Cite web|title=Rohingya Deportation: Mohammad Salimullah v. Union of India|url=https://www.scobserver.in/court-case/rohingya-deportation-case|access-date=2021-06-27|website=Supreme Court Observer}}</ref>

Rohingyas add economic pressure on Indian populace; due to their perceived militant activities, they pose a security threat, especially in sensitive areas such as Jammu and West Bengal.<ref name="threat1">{{Cite web |url=http://scobserver.clpr.org.in/rohingya-deportation-case-day-3-arguments/ |title=ROHINGYA DEPORTATION CASE: DAY 3 ARGUMENTS - Supreme Court Observer |access-date=19 February 2018 |archive-url=https://web.archive.org/web/20180219151621/http://scobserver.clpr.org.in/rohingya-deportation-case-day-3-arguments/ |archive-date=19 February 2018 |url-status=dead }}</ref><ref name="threat2" /> In 2017, the Central Government filed an affidavit in the Supreme Court stating that "Some Rohingyas sympathizing with many militant group's ideologies may be active in Jammu, Delhi, Hyderabad, and Mewat and can be a potential threat to [[National Security Strategy (India)|internal security]]."<ref name="threat2">{{cite news|title=Rohingya presence poses national security threat: Centre to SC|url=http://indianexpress.com/article/india/supreme-court-rohingya-muslims-myanmar-rajnath-singh-4849051/|access-date=6 October 2017|date=18 September 2017}}</ref> In 2025, Supreme Court of India pulled up the government of Assam state over delay in deportation of illegal foreigners including Rohingyas and ordered the immediate action.<ref name=SCA1>[https://maktoobmedia.com/india/supreme-court-pulls-up-assam-govt-over-delayed-deportation-of-foreigners-directs-immediate-action/ Supreme Court pulls up Assam govt over delayed deportation of ‘foreigners,’ directs immediate action], maktoobmedia.com, 4 Feb 2025.</ref>

==Legal status==

Under the Indian law Rohingyas are [[Refugees_in_India#Illegal_migrants|illegal immigrants]],<ref>[https://indiacode.nic.in/bitstream/123456789/4210/1/Citizenship_Act_1955.pdf Citizenship Act, 1955], indiacode.nic.in, 2004.</ref> not refugees.<ref name=LegalMigrantsOnly1/> Illegal immigrants are subjected to [[The Foreigners Act, 1946|The Foreigners Act]] (1946), which defines a foreigner as a person who is not a citizen of India.<ref name="please" /> Where the nationality of a person is not evident, the onus of proving whether a person is a foreigner or not lie upon the person himself.<ref name=please/> Anyone who believes that a foreigner has entered India, or who is the owner or managers of the property where a foreigner resides illegally, must inform the nearest police station within 24 hours of the presence of such foreigner.<ref name="please">{{Cite web |title=The Foreigners Act, 1946 |url=https://indiankanoon.org/doc/27376/ |website=Indian Kanoon.}}</ref> The Foreigners Act allows the government to detain a foreigner until he is deported back to his own country.<ref name=foreigner2>{{citation |title=In Strident Campaign, Jammu Politicians Target Rohingya Muslim Refugees |url=https://thewire.in/106280/jammu-rohingya-muslim-myanmar-refugee |work=[[The Wire (India)|The Wire]] |date=7 February 2017 }}</ref>

India is not a signatory to the [[1951 UN Refugee Convention]] or its [[Protocol Relating to the Status of Refugees|1967 Protocol]] and lacks a domestic asylum law, leading to the absence of a formal refugee protection regime. As a result, Indian immigration law does not distinguish between general foreigners and refugees or asylum-seekers, and there is no guaranteed right to seek asylum under Indian law.<ref>{{Cite journal |last1=Dutt Tiwari |first1=Anubhav |last2=Johar |first2=Ali |last3=Field |first3=Jessica |date=2024-11-25 |title=The illegalisation of Rohingya refugees in India: a (non)citizenship crisis promoted by law and policy |url=https://doi.org/10.1080/1369183X.2024.2376414 |journal=Journal of Ethnic and Migration Studies |volume=50 |issue=19 |pages=4905–4923 |doi=10.1080/1369183X.2024.2376414 |issn=1369-183X|url-access=subscription }}</ref> However, the principle of non-refoulment, which prohibits returning refugees to a country where they may face persecution, is recognised as binding under [[customary international law]] and applies globally. In 2017, the Indian Supreme Court acknowledged that Rohingya refugees in India fall under this principle. Although India is not a party to the Refugee Convention, it is bound by other international instruments such as the [[Universal Declaration of Human Rights]] (1948), the International Covenant on Civil and Political Rights (1966), and the Convention on the Rights of the Child (1989), which outline rights for detainees, including women and children.

However, in April 2021, the Supreme Court declined to intervene in a plea concerning the deportation of Rohingyas. Then Chief Justice [[Sharad Bobde]] stated: “Possibly, that is the fear that if they go back to Myanmar, they will be slaughtered… But we cannot control all that… we are not called upon to condemn or condone genocide”.<ref name=":4">{{Cite web |last1=Naik |first1=Mubashir |last2=Firdous |first2=Mehran |date=2023-08-25 |title=Rohingya Children Grow Up Without Education, Family Life, As India Holds Parents Indefinitely In Detention Centres |url=https://article-14.com/post/rohingya-children-grow-up-without-education-family-life-as-india-holds-parents-indefinitely-in-detention-centres--64e81a8901595 |url-status= |access-date=2025-09-14 |website=article-14.com}}</ref>

In 2024, in response to a plea to treat Rohingyas similarly to refugees from Tibet and Sri Lanka, the union government submitted to the Supreme Court that such recognition is a matter of "pure policy decision", not judicial declaration. Thus, equality rights under Article 14 of the Constitution are not available to Rohingyas, unlike other refugee groups from Tibet, Sri Lanka and Afghanistan, who had historically been accommodated through policy decisions and are provided with refugee certificates or long-term visas.<ref name=":5">{{Cite news |date=2024-03-20 |title=Illegal Rohingyas have no fundamental right to reside in India, asserts govt in SC |url=https://economictimes.indiatimes.com/news/india/illegal-rohingyas-have-no-fundamental-right-to-reside-in-india-asserts-govt-in-sc/articleshow/108634878.cms |url-status=live |archive-url=https://web.archive.org/web/20250105034314/https://economictimes.indiatimes.com/news/india/illegal-rohingyas-have-no-fundamental-right-to-reside-in-india-asserts-govt-in-sc/articleshow/108634878.cms |archive-date=2025-01-05 |access-date=2025-09-14 |work=The Economic Times |issn=0013-0389}}</ref><ref name=":6">{{Cite web |date=2024-12-16 |title=A Lifetime in Detention: Rohingya Refugees in India |url=https://www.refugeesinternational.org/reports-briefs/a-lifetime-in-detention-rohingya-refugees-in-india/ |url-status=live |archive-url=https://web.archive.org/web/20250805042730/https://www.refugeesinternational.org/reports-briefs/a-lifetime-in-detention-rohingya-refugees-in-india/ |archive-date=2025-08-05 |access-date=2025-09-14 |website=Refugees International |language=en-US}}</ref>

The [[UNHCR Representation in India|United Nations High Commissioner for Refugees (UNHCR)]] in India recognizes Rohingyas as refugees and has registered over 22,500 individuals in India.<ref name="VOA">
{{Cite web |date=12 March 2021 |title=Rohingya Refugees Seeking Protection from UNHCR Detained |url=https://www.voanews.com/a/east-asia-pacific_rohingya-refugees-seeking-protection-unhcr-detained/6203252.html |website=Voice of America}}
</ref><ref name=":6" /> Those registered are provided with identity cards, intended to protect them from arbitrary arrests and deportations. However, the Indian government does not officially recognize the UNHCR refugee cards, and they not offer protection from detention.<ref name=":5" /> The cards only serve to provide access to some services. At best, they protect from punitive action.<ref name="Scroll">
Shreehari Paliath, Indiaspend.com, [https://scroll.in/article/1022150/detention-and-deportation-add-to-the-chaos-of-rohingya-lives-in-india Detention and deportation add to the chaos of Rohingya lives in India], Scroll.in, 20 April 2022.
</ref>

From 2012 to 2017, some Rohingya refugees were issued Long Term Visas (LTVs) by the Indian government based on UNHCR cards, enabling access to limited services, documentation, and school enrollment. However, an August 2017 executive order reversed this approach by instructing states to identify and deport all Rohingyas, classifying them as illegal immigrants.<ref name=":4" /><ref name=":3" />

In addition to lack of documentation and protection within India, some Rohingyas who have secured third-country resettlement offers through the UNHCR have been denied exit permits by Indian authorities. These denials are often justified on national security grounds and the assertion that individuals classified as illegal migrants have no right to leave voluntarily. As a result, Rohingyas who get a chance to resettle in third countries, remain unable to depart.<ref>{{Cite news |last= |first= |date=2023-05-18 |title=Rohingya refugees in arbitrary detention, denied exit permissions by India: Report |url=https://www.thehindu.com/news/national/rohingya-refugees-in-arbitrary-detention-denied-exit-permissions-by-india-report/article66867255.ece |url-status=live |archive-url=https://web.archive.org/web/20250106184544/https://www.thehindu.com/news/national/rohingya-refugees-in-arbitrary-detention-denied-exit-permissions-by-india-report/article66867255.ece |archive-date=2025-01-06 |access-date=2025-09-14 |work=The Hindu |language=en-IN |issn=0971-751X}}</ref><ref>{{Cite web |date=2023-05-18 |title=Shadow of Refuge: Rohingya Refugees in India |url=https://www.refugeesinternational.org/reports-briefs/shadow-of-refuge-rohingya-refugees-in-india/ |url-status=live |archive-url=https://web.archive.org/web/20250805042821/https://www.refugeesinternational.org/reports-briefs/shadow-of-refuge-rohingya-refugees-in-india/ |archive-date=2025-08-05 |access-date=2025-09-14 |website=Refugees International |language=en-US}}</ref>

== National security threat==
{{See also | Kha Maung Seik massacre | l1= Massacre of Hindus by Rohingyas in Kha Maung Seik | Two-nation theory | Partition of India | Bangladesh genocide | List of massacres in Bangladesh}}

The Indian government has the evidence linking Rohingyas in India with terrorist organisation that are national security threat to India. Indian government submitted an affidavit to the supreme court affirming, "[The] Rohingya presence in the country has serious national security ramifications. There is [a] serious possibility of eruption of violence against Buddhists who are Indian citizens and who stay on Indian soil by radicalized Rohingyas".<ref name="Benar">[https://www.benarnews.org/english/news/bengali/Rohingya-al-Qaeda-04122018150555.html India Accuses British Rohingya Man as Al-Qaeda Terror Group Operative], benarnews.org, 2018.04.12</ref>

In 2018, India's [[National Investigation Agency]] (NIA) started court prosecution against a Rohingya man Samiun Rahman for being in-charge of building and expanding the [[Al-Qaeda]] terrorist group in the Indian sub-continent. He fought for al-Qaeda in Syria, then travelled to Bangladesh and India to recruit people to establish "an al-Qaeda base in the Indian sub-continent". He told NIA that India, Bangladesh, United States and Israel are al-Qaeda’s prime targets for terrorism.<ref name="Benar"/>

In 2017, the Muslim [[Arakan Rohingya Salvation Army]] (ARSA) was responsible for the massacre of 99 Hindus in 2017 in [[Kha_Maung_Seik_massacre|Kha Maung Seik]].<ref name="AmnestyInt">{{cite web|title=Myanmar: New evidence reveals Rohingya armed group massacred scores in Rakhine State|url=https://www.amnesty.org/en/latest/news/2018/05/myanmar-new-evidence-reveals-rohingya-armed-group-massacred-scores-in-rakhine-state/|website=www.amnesty.org|date=22 May 2018 |language=en}}</ref><ref>{{Cite web|url=https://www.aljazeera.com/news/2018/05/amnesty-rohingya-fighters-killed-scores-hindus-myanmar-180522182832333.html|title=Rohingya fighters 'killed scores of Hindu villagers'}}</ref>

==Jammu detentions==
Following a military crackdown of the Rohingyas' in Myanmar in 2017, approximately 5,000 Rohingyas sought refuge in Jammu. In 2021, authorities in Jammu detained more than 160 refugees, with the purpose of deporting them to Myanmar. By July 2023, 271 Rohingyas — including 74 women and 70 children — were reported to be detained at Hiranagar Jail in [[Kathua district|Kathua]], Jammu, which is used as a "holding centre" for the refugees.<ref>{{Cite web |date=2023-07-18 |title=Clashes break out between Rohingya, police at 'holding centre' in J&K's Hiranagar |url=https://indianexpress.com/article/cities/jammu/clashes-rohingya-police-holding-centre-hiranagar-8846684/ |url-status=live |archive-url=https://web.archive.org/web/20230723103412/https://indianexpress.com/article/cities/jammu/clashes-rohingya-police-holding-centre-hiranagar-8846684/ |archive-date=2023-07-23 |access-date=2023-07-27 |website=The Indian Express |language=en}}</ref> Families of these refugees have raised concerns about the perilous conditions in Myanmar, particularly following the [[2021 Myanmar coup d'état]].<ref name="Al Jazeera detains" />

After the [[Bharatiya Janata Party]] came to power in 2014, anti-Rohingya sentiment grew in India, with its leaders urging the removal of Rohingyas from the country.<ref name="VOA"/> The Rohingyas have protested against their detention in Jammu by going on hunger strikes and demonstrations. In July 2023, a clash occurred between the detainees — on a hunger strike since April — and the police, with the latter resolving to using tear gas to control what they called an unruly mob. A few days after the incident, a five-month old baby died after failing to receive treatment after inhaling the gas.<ref>{{Cite news |last=Ahmed |first=Kaamil |date=2023-07-25 |title=Baby dies after teargas fired at Rohingya trying to escape Indian detention centre |language=en-GB |work=[[The Guardian]] |url=https://www.theguardian.com/global-development/2023/jul/25/baby-dies-after-teargas-fired-rohingya-refugees--try-escape-indian-detention-jammu-kashmir |url-status=live |access-date=2023-07-27 |archive-url=https://web.archive.org/web/20230727130525/https://www.theguardian.com/global-development/2023/jul/25/baby-dies-after-teargas-fired-rohingya-refugees--try-escape-indian-detention-jammu-kashmir |archive-date=2023-07-27 |issn=0261-3077}}</ref>

Leaders of the BJP have initiated campaigns calling for the expulsion of all Rohingya.<ref name="Guradian deportation">
{{cite news |last1=Hassan |first1=Aakash |title=Deportation of Rohingya woman from India sparks fear of renewed crackdown |work=the Guardian |date=14 April 2022 |url=https://www.theguardian.com/global-development/2022/apr/14/deportation-rohingya-woman-india-myanmar-fear-crackdown}}
</ref>

== Access to education ==
The [[Right of Children to Free and Compulsory Education Act, 2009|Right of Children to Free and Compulsory Education (RTE) Act, 2009]] applies to all children aged 6 to 14 years within Indian territory, irrespective of citizenship. Article 21A of the Indian Constitution and India’s ratification of the Convention on the Rights of the Child (CRC) further reinforce this right. However, Rohingya children are effectively denied access to education due to several barriers. Most Rohingya families lack official documents such as Aadhaar cards, birth certificates, or transfer certificates which are often treated as prerequisites for school admission, despite not being mandated by the RTE Act. Additionally, UNHCR issued refugee cards are not consistently recognised across states, further restricting access to education.<ref name=":3">{{Cite web |last1=Tomar |first1=Jyoti |last2=Singh |first2=Abhinandan |date=2025-05-18 |title=A 'refuge' from learning: India's longstanding dilemma on Rohingya education |url=https://theleaflet.in/education/a-refuge-from-learning-indias-longstanding-dilemma-on-rohingya-education |url-status=live |archive-url=https://web.archive.org/web/20250526082130/https://theleaflet.in/education/a-refuge-from-learning-indias-longstanding-dilemma-on-rohingya-education |archive-date=2025-05-26 |access-date=2025-09-14 |website=The Leaflet |language=en}}</ref>

In December 2024, the then Chief Minister of Delhi, [[Atishi Marlena|Atishi]], announced a directive explicitly instructing government schools not to admit Rohingya children.<ref>{{Cite web |last1=Jafri |first1=Alishan |last2=Rehbar |first2=Quratulain |date=2025-02-04 |title='Criminalised for politics': Rohingya caught in Delhi election crossfire |url=https://www.aljazeera.com/news/2025/2/4/criminalised-for-politics-rohingya-caught-in-delhi-election-crossfire |url-status=live |archive-url=https://web.archive.org/web/20250205035402/https://www.aljazeera.com/news/2025/2/4/criminalised-for-politics-rohingya-caught-in-delhi-election-crossfire |archive-date=2025-02-05 |access-date=2025-09-14 |website=[[Al Jazeera]] |language=en}}</ref>

While hearing a plea regarding school access for Rohingya children in February 2025, the Supreme Court stated that matters of national security cannot be used as blanket justification for denying fundamental rights, including education and that “no child will be discriminated against in education”.<ref>{{Cite web |date=2025-04-05 |title=School offers Rohingya children in Delhi a fresh start |url=https://www.hindustantimes.com/cities/delhi-news/school-offers-rohingya-children-in-delhi-a-fresh-start-101743789697618.html |url-status=live |archive-url=https://web.archive.org/web/20250405034748/https://www.hindustantimes.com/cities/delhi-news/school-offers-rohingya-children-in-delhi-a-fresh-start-101743789697618.html |archive-date=2025-04-05 |access-date=2025-09-14 |website=Hindustan Times |language=en}}</ref><ref name=":3" />

==Allegations of Deportation at Sea==
On 7th May 2025, several reports alleged that 38 [[Rohingya people|Rohingya]] refugees in India were deported by Indian authorities and left stranded in international waters near the Myanmar coast.<ref name=":0">{{Cite web |date=2025-05-15 |title=Alarmed by reports of Rohingya cast into the sea from Indian navy vessels, UN expert launches inquiry of "unconscionable, unacceptable acts" |url=https://www.ohchr.org/en/press-releases/2025/05/alarmed-reports-rohingya-cast-sea-indian-navy-vessels-un-expert-launches |access-date= |website=Office of the U.N. High Comm’r for Human Rights (OHCHR) |language=en}}</ref> Media reports stated that the refugees holding [[United Nations High Commissioner for Refugees|UNHCR]] identity cards were detained in Delhi, one day prior to their deportation.<ref>{{Cite web |date=2025-06-19 |title=Stop unlawful deportations and protect Rohingya refugees in India |url=https://www.amnesty.org/en/latest/news/2025/06/india-stop-unlawful-deportations-and-protect-rohingya-refugees/ |access-date= |website=Amnesty International |language=en}}</ref> [[Office of the United Nations High Commissioner for Human Rights|OHCHR]] confirmed that they were transferred to a naval vessel and forced into the sea wearing life jackets.<ref name=":0" /> The [[United Nations High Commissioner for Refugees|UNHCR]] has reported a similar incident occurring in May, where 427 Rohingya refugees died in international waters.<ref name=":2">{{Cite web |date=2025-05-23 |title=UNHCR fears extreme desperation led to deaths of 427 Rohingya at sea |url=https://www.unhcr.org/news/press-releases/unhcr-fears-extreme-desperation-led-deaths-427-rohingya-sea |access-date= |website=UNHCR |language=en}}</ref> They were fleeing from areas including [[Cox's Bazar|Cox Bazar, Bangladesh]] and [[Rakhine State|Rakhine State in Myanmar.]]<ref name=":2" /> While yet to be confirmed, out of approximately 514 Rohingya, 66 survived on 9th May and 21 survived on 10th May.<ref name=":2" /> [[United Nations High Commissioner for Refugees|UNHCR]] is requesting countries nearby Myanmar to uphold humanitarian obligations towards the surviving refugees under [[International law|international law.]]<ref name=":2" /> The alleged deportations violate the principle of [[Non-refoulement|non-refoulment]] which prohibits returning refugees to countries where they face a real risk of persecution.<ref name=":0" />

On 8th May 2025, the [[Supreme Court of India]] heard the case argued by ''“Senior Advocate Colin Gonsalves and Advocate Prashant Bhushan appearing for the petitioners, and Solicitor General Tushar Mehta appearing for the Union.”''<ref name=":12">{{Cite web |last=Vora |first=Advay |date=2025-05-09 |title=Rohingya Deportation {{!}} Day 11: State constitutionally obligated to protect refugees of genocide, petitioners argue |url=https://www.scobserver.in/reports/rohingya-deportation-day-11-state-constitutionally-obligated-to-protect-refugees-of-genocide-petitioners-argue/ |access-date= |website=Supreme Court Observer |language=en-US}}</ref> The Supreme Court dismissed the allegations of mistreatment and illegal deportation against the Indian government for lack of prima facie evidence.<ref>{{Cite news |last=Arvind |first=Ayesha |date=2025-05-17 |title=SC calls Rohingya refugees plea a 'beautifully crafted story' |url=https://www.hindustantimes.com/india-news/sc-calls-rohingya-refugees-plea-a-beautifully-crafted-story-101747421762303.html |work=Hindustan Times}}</ref> The Union claims that India is not a signatory to the [[Convention Relating to the Status of Refugees|1951 Refugee Convention]], and therefore domestic laws hold precedence over principles of international law.<ref>{{Cite news |date=2025-05-09 |title=If Rohingya refugees are 'foreigners' under the Foreigners Act, they will be dealt with as per the law: SC |url=https://www.thehindu.com/news/national/if-rohingya-refugees-are-foreigners-under-the-foreigners-act-they-will-be-dealt-with-as-per-the-law-sc/article69554086.ece |work=The Hindu}}</ref> The Court held that the right to reside under Article 19(1)(e) only protects citizens of India, and thus, Rohingya do not have any legal right to [[permanent residency]], resulting in deportation subjected to due process. The case is still pending in Court.<ref name=":12" />

The UHRI condemns India for criminalising the Rohingya by classifying them as a security threat. The Committee has recommended India to conform to international law and consider ratifying the [[Convention Relating to the Status of Refugees|1951 Refugee Convention]] to better protect refugees.<ref>{{Cite web |date=2024-09-02 |title=Concluding observations on the fourth periodic report of India |url=https://uhri.ohchr.org/en/Document/File/4bd6285d-bb87-4025-b5de-32363b3eb905/BD137884-132B-4955-9CDE-5E05682D7DB1 |access-date= |website=uhri.ohchr.org}}</ref>

==See also==

* [[Rohingya refugees in Nepal]]
* [[Rohingya refugees in Bangladesh]]
* [[Kha Maung Seik massacre|Kha Maung Seik massacre of Hindus by Rohingyas]]
* [[Terrorism in India]]

==References==
{{reflist|30em}}

[[Category:Demographics of India]]
[[Category:Ethnic groups in India]]
[[Category:Immigration to India]]
[[Category:Refugees in India]]
[[Category:Rohingya diaspora]]
[[Category:Stateless nationalism in Asia]]

Rohingya refugees in India - Revision history

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