Advertisement
Tuesday, Oct 26, 2021
Outlook.com

Law As Last Refuge

Constitutional provisions, statutes, legal precedents can sanction refugee status

Law As Last Refuge
Uprooted | Photograph by Getty Images
Law As Last Refuge
outlookindia.com
2017-09-23T10:44:49+05:30

The Supreme Court is set to dec­ide the fate of tens of thousands of Rohingyas who presently find refuge in India, following their exodus from ethnic persecution in Myanmar. Lawyers app­earing for the now stateless people are convinced that there is constitutional ground and legal precedent to support their plea despite the abse­nce of specific legislation.

The UN has estimated there are 40,000 Rohingyas in India, of whom 16,000 have been recognised as refugees.

Lawyer Prashant Bhushan first appr­oached the Supreme Court on the behalf of some of the Rohingya refugees against summary deportation. Noted civil rights lawyer Colin Gonsalves joined on behalf of Rohingyas in the Jammu camps. Leading the arguments will be the noted jurists Fali Nariman and Rajeev Dhavan, who has authored what is probably the only book on the subject—Refugee Law and Policy in India.

The Union home ministry has said that they consider the Rohingyas to be a “drain on resources”, and their ejection to be in the interest of “national security”. The government also circulated an affidavit that reportedly claimed some Rohingyas had militant and terrorist links in Bangladesh and Pakistan. However, the government later retracted the affidavit, calling it a preliminary draft.

The United Nations High Commi­ssioner for Refugees (UNHCR) is the international body that certifies refugees. However, India has not come on board the 1951 UN Refugee Con­vention framework. Records show that the government of the day had viewed it as a political tool to accommodate refugees from the Communist countries during the Cold War. In 1995, India became a part of the executive committee of the UN Refugee Convention. India has acce­pted refugees of Armenian, Afghan, Tibetan, Nepalese, Bhutanese, Sri Lan­kan and...

Advertisement

Outlook Newsletters

Advertisement
Advertisement
Advertisement

Read More from Outlook

LIVE | Aryan Khan Bail: Former AG Mukul Rohatgi To Represent Shah Rukh Khan’s Son In Drugs Case

LIVE | Aryan Khan Bail: Former AG Mukul Rohatgi To Represent Shah Rukh Khan’s Son In Drugs Case

The Mumbai High Court will hear Bollywood superstar Shah Rukh Khan’s son Aryan Khan’s bail petition in his arrest by the Narcotics Control Bureau on Oct 3.

Explainer | Why A Lawyer Is Seeking FIR Against NCB's Wankhede For 'Extortion' In Aryan Khan Drugs Case

Explainer | Why A Lawyer Is Seeking FIR Against NCB's Wankhede For 'Extortion' In Aryan Khan Drugs Case

On Monday, a lawyer approached the Mumbai police with a complaint seeking registration of an FIR against Sameer Wankhede and five others for extortion in the drugs-on-cruise case.

Virat Kohli Was Graceful In Defeat, Says Pakistan's Sana Mir

Virat Kohli Was Graceful In Defeat, Says Pakistan's Sana Mir

Former Pakistan women's cricket team captain Sana Mir is floored by Virat Kohli's gesture towards his opponents even after their 10-wicket thrashing in a T20 World Cup clash on Sunday.

Why A Delegation Of Odisha Villagers Met Andhra Pradesh Collector Seeking Protection From 'Harassment'

Why A Delegation Of Odisha Villagers Met Andhra Pradesh Collector Seeking Protection From 'Harassment'

A delegation of elected representatives from 17 villages in the disputed Kotia area in Odisha's Koraput district has accused the state government of ‘harassment'.

Advertisement