Many Rohingya Refugee camps are found in the Harda village in South 24 Pargana in West Bengal.[1] The immigrants are from Myanmar, and they don’t have legal documents with them. Presently they are staying in rooms built with bamboos and tin shades. The local police of Baruipur PS said that they have valid UNHCR cards, but still there is no proper reasoning as to the manner in which they came from Myanmar to Bangladesh and then Bharat.
Presently there are around 70 families like that settling in West Bengal. By having the UNHCR cards, they entry can be justified but they are entitled to employment in Bharat.[2] It is in one way or the other going to add burden to Bharat. The BSF in Bharat are required to seal the borders and be more vigilant across the Indo- Bangladesh border for at least next few years. Bharat is not signatory to 1951 Refugee Convention so there is no legal obligation of Bharat to protect these refugees.[3]
Bharat requires strict enforcement of Illegal Migrants (determination by tribunals) Act, 1983 in different parts of the country. In 2013, a number of Rohingya refugees, including Mohammad Shaqir and Mohammad Salimullah, already registered as refugees under the United Nations High Commissioner for Refugees, (UNHCR), instituted a writ petition under Article 32 of Indian Constitution praying and urging for access to basic necessities.[4] They also urged for enforcement of Article 14, right to equality and Article 21, right to life under the Indian Constitution.[5] They were granted refugee I Cards. Bharat did not decide to deport them.
Absence of documentation is a big drawback in the Bharat’s perspective. In the north-eastern states like Mizoram, Manipur, Meghalaya, Arunachal Pradesh, Assam, a big section of people don’t have legal documents justifying their origin. In September 2017, Bharat rejected the Bali declaration, of World Parliamentary Forum.[6] In 2017, Central Government submitted 16 page affidavit to Supreme Court for ousting Rohingyas in anticipation of them being terror threats.[7]
Bharat deported 7 Rohingyas to Myanmar in 2018.[8] It is easier move because they were staying in Assam, which was a disturbed state affected by terrorist activities for more than 20 years.
In case of West Bengal the following measures are required. The Benapol Petrapol border has to be strengthened again to stop influx of Rohingyas from Bangladesh. The existing Rohingya camps in South 24 Parganas should be asked to be deported taking the confidence of Central Government.
Security issues can be the greatest excuse on the part of Central Government of Bharat to deport the Rohingyas. There cannot be any humanitarian concern beyond peace and security interests of the state. In Anuradha Bhasin v Union of India, Writ petition, 1031 of 2019, SC, the Supreme Court of Bharat held that the burden of proof is on the state to justify the deportation.[9] So by showing security concerns Central Government can send the rohingyas back to Myanmar.
Article 21 can also be interpreted by Supreme Court of Bharat in support of deportation of Rohingyas. In Ktaer Abbas Habib Al Qutaifi and Another v. Union of India and Others, 1999 CRI.L.J. 919, India: High Courts, case,[10] it was held by Supreme Court, that right to life in India can be extended to every person living within the country, as long as there are no terror threats and threats relating to internal security. If few sections of the Rohingya are involved with terrorist activities it is enough to justify their deportation and non -access to the extension of right to life in India.
So in conclusion, it can be said that West Bengal government can create a case before Central Government for the Rohingyas staying in South 24 parganas and get them deported to reduce the risk of break of internal security in the country.
[3] https://reliefweb.int/report/india/refugees-indias-west-bengal-get-land-titles-amid-citizenship-row
[4] Basic constitutional rights in India can be redressed in Supreme Court of India by filing writ petition under Article 32 of Indian Constitution.
[5] Mohammad Salimullah v Union of India, Civil Original Jurisdiction, SC 2019.
[6] https://jgu.edu.in/jsgp/blog/indias-role-in-rohingya-resolution/
[8] https://www.bbc.com/news/world-asia-india-45743951
[9] Anuradha Bhasin v Union of India, Writ petition, 1031 of 2019, SC
[10] Ktaer Abbas Habib Al Qutaifi and Another v. Union of India and Others, 1999 CRI.L.J. 919, India: High Courts
-by Dr. Souvik Chatterji
The Bangladesh government has done a lot for the welfare of Rohingya. But now it is time for them to return to their homeland.
These illegal migrants will one day become a serious headache. Today you give them food & shelter, tomorrow they’ll be Jihadists knawing a deep cut into our peace and security. Political parties may solicit to give them asylum and citizenship to get their votes only to make an irreparable loss to our national integrity and demography. They’re vermins. No country (even Islamic ones) do not want them. So, just weed them out and deport them to Myanmar.