Does India’s alleged forced repatriation of Rohingya refugees breach international law?

Earlier this month, reports surfaced alleging that Indian authorities had transported dozens of Rohingya refugees to the Andaman and Nicobar Islands and subsequently abandoned them in international waters, in an attempt to deport them to Myanmar. However, on May 16, a Supreme Court Bench comprising Justices Surya Kant and N. Kotiswar Singh declined to pass any interim order to halt the purported deportation. The Court also cast doubt on the credibility of the evidence submitted before it. Meanwhile, the United Nations has launched an inquiry into the incident and has called on the Indian government to cease the inhumane and life-threatening treatment of Rohingya refugees, including their repatriation to perilous conditions in Myanmar.

Does India's alleged forced repatriation of Rohingya refugees constitute a violation of international law? Does the deportation of refugees without adherence to due process infringe upon constitutional protections? In the absence of treaty ratification, is India nonetheless bound by the customary international law principle of non-refoulement? What policy reforms are needed to ensure a humane and rights-compliant refugee framework in India?

Guest: Colin Gonsalves, senior advocate and founder of Human Rights Law Network (HRLN)

Host: Aaratrika Bhaumik

Edited by Jude Francis Weston

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