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SC agrees to hear petition on Rohingya ‘detained’ in Jammu  

19th March, 2021 Polity

Context: The Supreme Court agreed to urgently hear a plea to release and protect over 150 Rohingya refugees reportedly detained in Jammu.

 

Government’s Stand: Union Minister Jitendra Singh’s made an statement that the Rohingya (identified as Muslim refugees by the government) would not be able to secure citizenship.

 

Principle of Non-Refoulement: India is bound to adhere to the principle of non-refoulement — or not sending refugees to a place where they face danger — through customary international law, the application contended.

 

Rohingya Muslim:

  • Rohingyas are ethnic Muslims of Myanmar living in Rakhine province in the Arakan region. Myanmar government does not recognise Rohingyas as their citizens.
  • Rohingya Muslims are referred to as Bengalis in Myanmar for their roots in Bangladesh. The 1982-citizenship law of Myanmar does not recognise Rohingyas as ethnic group and these people are practically stateless for 35 years.
  • In 2014, the Myanmar government presented a plan for accommodating Rohingya Muslims as their citizens.
  • The willing members of the Rohingya community were asked to change their ethnicity in the census form from Rohingya to Bengali.
  • But, Rohingyas claim that they have lived in Rakhine region for centuries. However, most of Rohigyans don't have documents to prove that their ancestors lived in Myanmar before 1948, the cut-off date under the 1982-citizenship law.

 

Rohingyas in India:

  • Rohingyas entered into northeast India through various routes. They avoided staying near Myanmar's borders.
  • Rohingyas spread over a large area across various states. They have their camps in Assam, West Bengal, Uttar Pradesh, Delhi, Jammu and Kashmir, Andhra Pradesh and Kerala.
  • There were about 40,000 Rohingya Muslims living illegally in the country.
  • According to Centre's estimates, Rohingya's population has increased four times in India over the last two years. In 2015, their population was estimated to have been 10,500.
  • The maximum concentration of Rohingya Muslims is reported to be in Jammu. According to the Jammu and Kashmir government, there are about 5,700 Rohingya Muslims living in and around Jammu.
  • However, the central government maintains that there could be around 10,000-11,000 Rohingyas in Jammu.

 

https://www.thehindu.com/todays-paper/tp-national/sc-agrees-to-hear-petition-on-rohingya-detained-in-jammu/article34104102.ece