‘EVERY REFUGEE IS ILLEGAL AT ENTRY. THAT IS NEUTRALISED IN LAW AS REFUGEES ARE RUNNING TO SAVE THEIR LIVES. THIS HAS BEEN ACCEPTED BY COURTS IN THE PAST’
A Home Ministry notification to state governments on August 8 refers to the “security challenges” posed by “infiltration from Rakhine state of Myanmar.” So far however, there is no credible evidence to suggest the Rohingyas in India have links to Arsa, or are tilting towards violent radicalisation. Instead, those anxieties are fuelled by nebulous media reports quoting intelligence sources.
SD Singh Jamwal, the inspector general of Jammu, told HT, “There are no statistics to suggest they are involved in crime, apart from small theft-type things. As of now, no links to any terror or cross-border activity has been found.” Chief minister Mehbooba Mufti had confirmed the same in the state assembly. In Jammu East, where the largest population of Rohingyas lives, the police said that five cases have been registered against four Rohingyas this year. Three men were found selling drugs and another had two cases against him – human trafficking and lack of documents. At Jammu’s Gandhinagar police station, there was one case registered in 2013 against a Rohingya found without papers. Three other police stations HT visited had no records of any crimes by Rohingyas.
Look at us as humans, not Muslims. You may as well kill us here, than send us to Burma, where we will be killed anyway.
“Madam, please don’t call them refugees. They are illegal immigrants according to Indian law,” Hunar protests.
India is not signatory to the UN Refugee Convention of 1951 and 1967 Protocol, which defines a refugee’s rights and the obligations of the host country. But the government’s own guidelines on refugees (accessed by HT) contradict its public stand. Issued by the Foreigners Division of the Ministry of Home Affairs (MHA), the internal document outlines that claims of all refugees will be examined on ground of “a well-founded fear of persecution on account of race, religion, sex, nationality, ethnic identity”. The Rohingyas would qualify for a long-term visa according to this. The document also mentions that “no such foreign national will be deported.”
This flies in the face of what union minister of state for Home Affairs, Kiren Rijiju has claimed repeatedly – “all illegal immigrants, including Rohingyas” will be deported. When questioned about this, the Home Ministry cites other laws. Ashok Prasad, MHA spokesperson, says, “Anybody coming into the country without a valid passport and visa will be considered an illegal immigrant. If a Rohingya falls into that category, then action has to be taken against him under the law, no matter how bad his condition.”
Since Myanmar doesn’t recognise Rohingyas as citizens, they are only given a card identifying them as temporary residents. The UNHCR issues them refugee cards after a rigorous interview process. It is unclear where the government will deport them to, but senior advocate, Colin Gonsalves, who is representing the Rohingyas says, “Every refugee is illegal at entry. That is neutralised in law as refugees are running to save their lives. This has been accepted by courts in the past.”
Jammu and Kashmir’s special status is another argument being deployed to expel the Rohingyas. Harsh Dev Singh, leader of the Panther’s Party who’d put up ‘Rohingyas Quit Jammu’ hoardings says, “In view of article 370, no one can be allowed to settle here, not even Indian citizens. They are not entitled to facilities available to other residents.”
While Article 370 and 35A bar land ownership and state voting rights amongst others, it does not mean outsiders cannot live or work in the state.
Last year, in an amendment to the Citizenship Act, the government stated that minorities from Afghanistan, Pakistan and Bangladesh would not be considered ‘illegal immigrants’ if they enter India without documents. So, while the minorities (Hindus, Christians, Sikhs, Buddhists and Parsis) from Muslim-majority neighbouring countries would benefit, Sri Lanka and Myanmar, where Muslims are in minority, are conspicuously absent.
“Look at us as humans, not as Muslims. You may as well kill us here, rather than send us back to Burma, where we will be killed anyway,” Yunus says, tearing up. “Just like you say ‘saare jahan se acha Hindustan humara,’ we feel the same about our country. If the world and Burma government can bring peace, we will return.”