Daily News Analysis

India’s Rohingya refugee children are not criminals

stylish_lining

 

Why in the News?

Recently, tear gas shells were used in an enclosed space in a Rohingyas refugee detention or holding centre in Jammu and there are allegations that the explosion led to death of an infant.

  • It reflects the poor treatment of Rohingya refugees who are living in harsh conditions in the detention camps.
  • It has been 6 years since Rohingyas fled from Myanmar due to persecution.

Rohingya refugee crisis:

  1. The Rohingya people are a Muslim minority group residing in the western state of Rakhine, Myanmar, formerly known as Arrakkan.
  2. The Rohingya people are considered "stateless entities", as the Myanmar government does not recognise them as an ethnic group and people of Myanmar.
  3. The Myanmar govt. has recognised only Boyingyas i.e., Christians, Sikhs, Jains & Buddhist as the proper Myanmar population.
  4. Myanmar military launched a campaign of mass atrocities in 2017 against the Rohingya in Rakhine State due to sectarian issues.
  5. The genocidal attacks against the community led to fleeing of more than 7,70,000 Rohingyas from the country.
  6. Nearly one million fled to neighbouring Bangladesh and some travelled to Southeast Asian countries including Malaysia, Indonesia, Cambodia, Laos and Thailand 
  7. The Rohingya of Myanmar are among the most persecuted people in the world.

Rohingyas in India:

  1. Among the total Rohingya refugees, at least 20,000 of them are in India.
  2. About 250 Rohingya refugees including women and children are confined to a particular holding centre in Jammu, which was a prison before.
  3. Most of the refuges hold UNHCR cards that validate their identity as ‘a refugee seeking safety’.
  4. ~500 Rohingya refugees are detained in various detention centres and jails across India. 

India laws lacking safeguards to refugees:

  1. India does not have a domestic law or consistent policy on refugees and asylum seekers.
  2. India is not a signatory to the 1951 Refugee Convention and its 1967 Protocol.
  3. India has Foreigner’s Act, 1946 which governs foreigners including refugees who are seen as illegal immigrants.
    • Gives unchecked executive powers against foreigners.
    • There are no exceptions for vulnerable populations such as asylum seekers and refugees.
  4. Even registered refugees of UNHCR are at risk of administrative detention under the Foreigners Act under sections dealing with criminal imprisonment and deportation among others.
    • This has led to detention of refugees in Indian jails and detention centres.
    • Many of those held in detention centres are children.
  5. India has ratified UN Convention on the Rights of the Child (CRC) in 1992.
    • Article 6 of CRC states that every child has an inherent right to life, survival and development.
    • Holding children in detention camps shall result in violation of CRC.
      1. Holding children in detention facilities
      2. Denying them the freedom to access education or any other liberty
      3. It also goes against the right to life and personal liberty enshrined in the Constitution of India including foreigners.
  6. Juvenile Justice (Care and Protection of Children) Act, 2015 which is for children who are in conflict with the law.
    • Rohingya refugee children are not in conflict with the law as they seek safety after fleeing for their lives. 

Way forward:

  1. Rohingya children and their primary caregivers have to be released from detention to ensure that Rohingya refugee children do not die in a detention centre and their right to life and development is upheld.
  2. Government of India’s internal guidelines (2011) on the detention and treatment of refugees:
    1. This has to be followed for all the other Rohingya refugees in India.
    2. It has provisions for releasing them from detention within six months subject to collection of biometric details, with conditions of local surety, good behaviour and reporting to the police every month.
  3. The National Human Rights Commission ahs to work closely with the Office of the United Nations High Commissioner for Human Rights to appoint an ombudsman who shall be entrusted the duty to investigate refugee detention centres in India.

India’s Import Curbs on Jute Products from Bangladesh

India has imposed immediate restrictions on the import of jute and allied fibre products from Bangladesh. These apply at all Indian land and seaports except Nhava Sheva in Maharash
Share It

GPS Interference

  GPS interference refers to deliberate or unintentional disruption of Global Positioning System (GPS) signals, which are crucial for navigation in aircraft, ships, and ground transport sy
Share It

India’s Civil Nuclear Law Reform:

  India is revising its civil nuclear laws—the Atomic Energy Act (AEA), 1962 and the Civil Liability for Nuclear Damage Act (CLNDA), 2010—to: Attract private and forei
Share It

Secondary Pollutants

A recent study has shed light on an important aspect of India's air pollution crisis: secondary pollutants, which now contribute to nearly one-third of PM2.5 pollution in the country. These pollut
Share It

Myogenesis

Group Captain Shubhanshu Shukla’s Myogenesis experiments on the ISS represent a major leap forward in India’s space research efforts, focusing on the formation and regulation of muscle fib
Share It

Central Sector Scheme of Scholarship for College and University Students (CSSS)

A scholarship scheme under the Pradhan Mantri Uchchatar Shiksha Protsahan (PM-USP) initiative by the Ministry of Education’s Department of Higher Education. It Provides financial assistance to m
Share It

Khasi People

The Meghalaya High Court has admitted a Public Interest Litigation (PIL) concerning the tribal certificate issuance for the Khasi community.This PIL challenges a government decision that has halted th
Share It

Similipal Tiger Reserve

Odisha High Court issued a notice to the Integrated Tribal Development Agency (ITDA) over a ban on Munda tribals from accessing Jayara, a sacred grove inside the tiger reserve.This raised concerns ove
Share It

Begonia nyishiorum

A fascinating new species of flowering plant, Begonia nyishiorum, has been discovered in the East Kameng district of Arunachal Pradesh, further highlighting the rich but underexplored biodiversity of
Share It

Asiatic Wild Dog

Asiatic Wild Dog A new study by the Wildlife Institute of India (WII) has confirmed the return of the dhole (Asiatic wild dog) to Kaziranga-Karbi Anglong Landscape (KKAL) in Assam, after being beli
Share It

Newsletter Subscription


ACQ IAS
ACQ IAS