The UN’s CERD raised “grave concerns” over alleged violence, profiling and discrimination in India
The committee also flagged the treatment of Rohingya, Bengali-speaking Muslims, migrants and asylum-seekers
CERD called for investigations, accountability and safeguards against discriminatory detention and forced returns
The UN Committee on the Elimination of Racial Discrimination (CERD) has raised “grave concerns” over alleged violence, discrimination and racial profiling affecting Indigenous and Tribal Peoples, Scheduled Castes and non-citizens in India.
In findings published Tuesday, the committee also raised concerns over law-enforcement operations involving Rohingya, Bengali-speaking Muslims, migrants and asylum-seekers, including reports of racial profiling during identity checks, arbitrary detention, ill-treatment and forcible returns. It specifically referred to developments following the April 2025 Pahalgam attack.
The findings are part of the UN treaty-monitoring process and are not a court judgment.
What Is CERD?
CERD is the UN treaty body that monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination.
It consists of independent experts who periodically review countries that are party to the Convention and issue concluding observations on their implementation of its provisions.
India was reviewed during CERD’s 118th session earlier this month. The committee considered India’s combined 20th and 21st periodic reports.
What Did CERD Say About Tribal And Indigenous Communities?
The committee’s concerns extend beyond the treatment of foreign nationals.
CERD raised concerns over reports of violence, excessive use of force, arbitrary detention, torture, ill-treatment and other abuses affecting Indigenous and Tribal Peoples, Scheduled Tribes, Scheduled Castes and Dalits.
It called for prompt and impartial investigations into alleged abuses and accountability where violations are established.
What Did CERD Say About Rohingya?
CERD also highlighted an increase in law-enforcement operations involving Rohingya, Bengali-speaking Muslims, migrants and asylum-seekers.
The committee cited reports of racial profiling during police stops and identity checks, which it said had allegedly resulted in arbitrary arrests and detention, torture and ill-treatment. It also raised concerns over deportations and forcible returns involving people who may require international protection.
CERD called on India to address discrimination, hate speech and hate crimes affecting Rohingya and other groups, refrain from collective expulsions and ensure access to international protection in line with the principle of non-refoulement.
Non-refoulement is the principle that people should not be returned to a place where they face a serious risk of persecution or other grave harm.
What Happened To Rohingya After Pahalgam?
The concerns raised by CERD come alongside allegations previously submitted to other UN human-rights mechanisms.
A 2025 communication by UN Special Procedures contained allegations that Indian authorities intensified deportation operations against Muslims, including Rohingya, after the April 2025 Pahalgam attack. It referred to allegations of raids, arrests, ill-treatment and forcible returns, including a claim that nearly 1,900 people were expelled to Bangladesh.
These were allegations contained in a Special Procedures communication, not findings by CERD or a judicial determination.
The communication and Tuesday’s CERD findings are separate UN processes.
How Many Rohingya Are In India?
The exact size of India’s Rohingya population is difficult to establish because UNHCR registration does not constitute a full census.
UNHCR’s India operation provides protection, registration and other services to refugees and asylum-seekers from several countries, including Myanmar. Its latest available India data provide figures for the broader refugee and asylum-seeker population, but those figures should not automatically be treated as a count of Rohingya specifically.
The Rohingya are a specific stateless ethnic group from Myanmar, while UNHCR’s broader Myanmar figures include people from different communities.
What Is The Legal Status Of Rohingya In India?
India is not a party to the 1951 Refugee Convention or its 1967 Protocol, and it does not have a comprehensive national refugee law.
UNHCR, therefore, carries out protection functions in India, including refugee status determination and assistance to refugees and asylum-seekers.
India’s own submission to CERD sets out its position on discrimination and caste. The government maintains that caste should not be treated as equivalent to race or “descent” for the purposes of the Convention, while providing information on Scheduled Castes and Scheduled Tribes.
What Has The UN Previously Said About Rohingya?
CERD had previously raised concerns over discrimination, hate speech, violence and the risk of forced return involving Rohingya in India.
Separate UN Special Procedures communications later raised concerns over the detention and treatment of Rohingya.
These earlier interventions provide context for Tuesday’s findings, which broaden the concerns to law-enforcement operations, racial profiling and the treatment of migrants and asylum-seekers.
What Does UNHCR Say About Return?
UNHCR’s protection framework centres on voluntary, safe, dignified and sustainable return.
For Rohingya from Myanmar, that means returning should not simply involve physical removal across a border. Conditions in the place of return, protection from persecution and violence, access to rights and services, and the ability to rebuild a life safely are all relevant.
UNHCR considers non-refoulement a fundamental protection principle, particularly where a person faces a serious risk of persecution or other grave harm if returned.
What Does India Say?
India’s submission to CERD sets out the government’s position on caste and the application of the Convention.
The government maintains that caste should not be equated with race or “descent” for the purposes of the Convention, while its report sets out measures concerning Scheduled Castes and Scheduled Tribes.
CERD’s conclusions differ from the government’s position on several areas, particularly its concerns over law-enforcement conduct, racial profiling and protection of non-citizens.
What Does CERD Want India To Do?
The committee called for investigations into alleged abuses by law-enforcement officials and accountability where violations are established. It urged India to address discrimination, hate speech and hate crimes affecting Rohingya, Bengali-speaking Muslims, migrants and asylum-seekers.
On migration enforcement, CERD called for protection against collective expulsions and forced returns and for access to international protection in line with non-refoulement. It also urged India to ensure that law-enforcement measures do not result in discriminatory treatment.
What Happens Next?
CERD’s findings are not a court order and do not automatically change Indian law. They form a part of the treaty-monitoring process through which the committee assesses how states implement their obligations under the Convention.
Now, the question is how India responds to the committee’s recommendations and whether they lead to changes in policy or practice.
The review links two sets of concerns: the treatment of marginalised communities within India and the use of immigration and security powers against non-citizens. CERD is now calling on the government to address both.
