Development And Justice Initiative

A statement by Indian civil society on the arbitrary arrests of Rohingya refugees and police atrocities against them.

August 4, 2023

In a shocking move on 24 July 2023, the ‘Anti-Terrorist Squad’ of Uttar Pradesh ‘raided’ Rohingya refugee habitations in Mathura, Aligarh, Meerut, and other locations in the state and arrested more than 70 persons, including women and a minor. According to lawyers representing the detained, refugees have been charged under sections of the Foreigners Act, despite the UNHCR identify cards they possessed. In Mathura the UNHCR cards of more than 30 women and children left behind were also confiscated by the police. They also face a humanitarian food crisis as their sole male earners have been taken away.

On 19 July, more than 270 Rohingya refugees being held in a stadium turned into a ‘holding centre’ in Jammu since 2021 were fired upon and teargassed that allegedly caused the death of a 5-month-old baby. These refugees in detention had reportedly started a fast-unto-death hunger strike protesting their detention in April this year and tried to break out of the holding centre. Media reports have captured how the mother of the child was taken to burial in chains.

India has routinely detained many Rohingya asylum seekers and refugees in different parts of the country to ostensibly deport them back to Myanmar. Some refugees have spent more than ten years in detention. According to community sources there are close to 500 Rohingya refugees, including about 200 children in detention. They are being denied basic amenities such as hygienic food, clean drinking water and even the right to basic healthcare. Such treatment is unconducive of basic human dignity and constitutes inhuman and degrading treatment amounting to torture.

Detention and deportation of refugees is in violation of international conventions India has signed such as Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), Child Rights Convention (CRC), and Convention on the Elimination of All forms of Discrimination Against Women (CEDAW). Even though India has not signed the UN Refugee Convention, it is a signatory to a host of other conventions that protect the rights of asylum seekers and refugees, particularly children and women. The Constitution of India protects the right to life and equality before the law of every person within the Indian territory including non-citizens. It has been repeatedly reiterated by the Supreme Court of India that the right to life includes the right to live with human dignity and non-refoulement is an important constituent of the right to life of an individual.

India hosts several other refugee nationalities such as Tibetans, Sri Lankans, other Myanmar ethnicities but treats the Rohingya harshly. The total number of refugees and asylum seekers in India currently is 250,000. Contrary to the procedure established by law, Rohingya refugees are being declared as illegal migrants and are being indefinitely detained without any reasoned order or assessment of their refugee status which is a complete violation of their right to equality before law.

According to UNHCR, India, more than 18,000 persons from the Rohingya community have been recognized by the agency as asylum seekers and refugees. They live in different parts of the country such as Jammu, Mewat, Hyderabad, Jaipur, and different towns of Uttar Pradesh and make a living by collecting and recycling urban waste and doing wage labor.

We, the undersigned, urge the Government of India to release all detainees who are asylum seekers or recognized as refugees by the UNHCR and are being arbitrarily being held in different parts of the country and desist from arbitrary arrest merely on the basis of ‘illegal entry into the country’ without following the procedure established by law. The right of all human beings to seek asylum outside their country of origin is well established under UDHR and other international laws. India should treat all refugees in a fair, just and equal manner irrespective of their nationality, religion, race, and ethnicity.

Rohingya displacement is a regional and global issue with the refugees spread across mainly in South and Southeast Asian countries. We urge the Indian government to work with the international community and relevant regional organisations, such as BIMSTEC and Bali Process group, to find lasting solutions to the displacement of the Rohingya people that are in consonance with the Constitution of India and the Human rights law in general.

SIGNATORIES
1. Afreen Khan, Advocate, High Court of Bombay
2. Angshuman Choudhury, researcher and policy analyst; co-founder, Right to Nationality and Citizenship Network (RNCN
3. Anjuman Ara Begum, human rights activist and academic, Guwahati
4. Basharat Amin, Researcher,Human Rights Activist, Journalist Video Volunteers
5. Dipanjan Choudhury, activist and filmmaker, Kolkata
6. Fazal Abdali, Advocate, New Delhi
7. Gautam Mukhopadhaya, retired civil servant and policy analyst
8. Gulshan Banas, PhD Candidate, University of Amsterdam
9. Geetanjali Krishna, LEDE 2023 Fellow, Solutions Journalism Network; Editor, Rohingya Stories
10. Indira Pancholi, Citizens for Social Action, Rajasthan.
11. Jasveen Jairath, Independent Researcher and Activist, Hyderabad
12. John Michael, Coordinator, Hyderabad Garbage Collectors Collective (HyGCC)
13. Kavita Srivastava, People's Union for Civil Liberties (PUCL)
14. Kirity Roy, Secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), Kolkata
15. Kumudini Pati, activist and writer, Prayagraj (Allahabad), Uttar Pradesh.
16. Kushal Neogy, Development Professional, Lucknow
17. Meera Sanghamitra , National Alliance of People's Movements (NAPM)
18. Mekhala Saran, journalist
19. M. Salim, activist, Mirzapur, Uttar Pradesh
20. Ngurang Reena, independent researcher and writer, Arunachal Pradesh
21. Nisha Siddhu, National Federation of Indian Women (NFIW), Jaipur, Rajasthan
22. Pamela Philipose, Journalist and researcher, New Delhi
23. Parag Jyoti Saikia, Researcher
24. Piyush Manush, Speak Out, Salem, Tamil Nadu
25. Praveer Peter, Sajha Kadam, Ranchi, Jharkhand
26. Prakriti, MA student, Ambedkar University Delhi
27. Priya Dharshini, Delhi Forum, New Delhi
28. Ravi Hemadri, Development and Justice Initiative, New Delhi
29. Rita Manchanda, Independent peace and conflict researcher, New Delhi
30. Riya Singh Rathore, Researcher and Editor
31. Rohini Mitra, Researcher & PhD Student
32. Roop Rekha Verma, ex Vice Chancellor, Lucknow University, Uttar Pradesh.
33. Roseline Osana, JRS, New Delhi
34. Samanwita Paul, Researcher and Volunteer, New Delhi
35. Sahana Basavapatna, Advocate, Bangalore.
36. Sanjay Gathia, Founder & Director, Borders & Broader Conversations (B.B.C.) Initiative
37. Sawai Singh, Sarva Sewa Sangh, Jaipur, Rajasthan
38. S.Q.Masood, Social Activist, Hyderabad
39. Srinivas Kodali, Cybersecurity Researcher, Hyderabad
40. Subin Mulmi, Nationality For All (NFA)
41. Sujata Madhok, Journalist, New Delhi
42. Sunil kumar, Delhi, Writer & Social Activist
43. Suraj Gogoi, researcher
44. Ujjaini Chatterji, Advocate, Delhi
45. Utpala Shukla, activist and writer, Prayagraj (Allahabad), Uttar Pradesh.
46. Vijaylakshmi, People's Union for Civil Liberties (PUCL), Jaipur, Rajasthan
47. V. S. Krishna, Human Rights Forum, Hyderabad