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Introduction:

Rohingyas are an ethnic minority group of Myanmar’s western Rakhine province. The Rohingya’s in Myanmar account for nearly one third of Rakhine’s population. The large number of Rohingyas in 2012 illegally migrated to India through the porous borders of West Bengal and Bangladesh. Approximately 40,000 Rohingya are spread across six locations in India out of which 14,000 are registered refugees and have concentrated themselves mainly in Jammu in Jammu and Kashmir, Nuh in Haryana’s Mewat district, Delhi, Hyderabad, Jaipur and Chennai. In Jammu District of Jammu & Kashmir they are settled large numbers which is around 7000 thereby posing great threat to the internal security of the region and thereby jeopardizing the unity and integrity of the nation. It is strange that Rohingyas, have found sympathizers in certain local NGOs and have located themselves in certain settlements and also accommodated themselves in rented accommodation. Strangely many of them having a Rashan Card, Adhar Card and PRCs. Many of them is also having property in the state which is astonishing in itself that how does these people manage to get the property in the state. All this indicate a great nexus between illegal immigrants and the subversives in the govt.

Sympathiser’s theory:

The sympathisers and human right activist often advocate the humanly touch to the current situation. The excuse of being signatory toUnited Nation Declaration of Human Right(UDHR) is commonly used tool. Addition to this article 21(Right to Life and Personal Liberty) and art.51(c) of Indian Constitution possess a legal obligation on the country to treat the rohingyas on a same footing as with any native citizen. Moreover India has ratified and is a signatory to various conventions that recognizes the Principle of “Non-Refoulement’, which prohibits deportation of refugees to a country where they may face threat to their lives. The principle is considered the part of the Customary International Law and is binding on all states whether they have signed the refugee convention or not.

Reasons why Rohingyas need to send back:

1. Non signatory to any refugee convention:

India is never been a formal signatory to any UN refugee convention, thus has no legal obligation to follow the norms specify in these conventions.

2. Exceptions of Non-Refoulement:

                                                         Talking about the principle of limitation of non-refolement the 1951 convention on refugee status provide two grounds.

a) National security

b) Public order

Hence, if it is any likelihood of ant threat to the national security of the country or disturbance to the public order, the refugee can be deported to their countryof origin. The state has to perform his primary duty towards the nation and its citizens through maintenance of law and order.

In case of Maiwands trust of afghan human freedom petitioner’s vs State of Punjab SC held that there must need a reasonable apprehension of threat to the security of India.

In case of Ananda Bhavani vs UOI SC held that if there is severe threat to the security of the country then deportation order without hearing will not be considered as a violation of human rights.

3. Anti-National activity:

The present Rohingya situation bears security implications for India and the region. The Rohingya are likely to provide fertile recruiting grounds for extremist groups. It has already been reported that Saudi Arabian and Pakistans agencies are funding terrorist outfits in Myanmar. Burmese, Bangladeshi and Indian intelligence agencies have found Pakistan’s terror groups hiring Rohingyas from refugee camps, training them, arming them and using them against the sovereignty of the India. The recent blast at Bodh Gaya and attack on Sunjwan army base camp highlights the gravity of situation. In 2015, a militant killed by security forces in south Kashmir – AbdurRehman al Arkani, initially identified by the pseudonym “ChotaBurmi” – was found to be from Rakhine, the Myanmar epicentre for the Rohingya refugee crisis.

4. Failing of Muslim countries in absorbing immigrants:

Many religious leader   has demanded that the Government of India should shelter the refugees. But a key question usually overlooked is the silence over Muslim countries not stepping up to absorb the distressed Rohingya? According to a 2014 Amnesty International report Left Out In The Cold, the Gulf Cooperation Council—which includes Saudi Arabia, Bahrain, Kuwait, Qatar, Oman and the UAE—has failed to absorb a single Syrian refugee since the crisis began in 2011. Malaysia Pakistan and Saudi Arabia are major countries absorb rohingyas, and the condition of rohingyas in Pakistan especially is deplorable.

5. Involvement in other criminal activity:

The Rohingya have been found involved in drug trade. Across Jammu, 25 first information reports (FIRs) have been registered against them for drug-trafficking. At least three FIRs are registered against the Rohingyas for flesh trade. That many of the Rohingya girls are brought to India on the pretext of work and “sold” to Muslim men is a claim made by intelligence agencies and supported by media reports. 

6. Burden on states economy:

We are already dealing with the big size of the population and the resources that state of J&K is having is not enough to fulfil the aspirations of the natives of the state,the additional burden lead only to the misery. Economically too state cannot afford the rohingyas to stay in the state.Immigration has increased pressure on the part of state government, as the government has to increase the expenditure on education and health facilities to the immigrants. There is a fear particularly during a recession that immigrants take jobs which would otherwise be taken by local people; in particular place and circumstances there can be competition and conflict.

7. Subversive nature:

There is constant fear of some deep rooted conspiracy in the migration of the rohingyas. There are many facts which support this subversive theory:

a)The new home of these illegal immigrants, ironically, is always Hindu-majority Jammu and never Muslim-majority Kashmir, the Rohingya are scattered over 42 sites, Muslim-populated Bhatindi a home to the largest and oldest camp, housing 192 of the 1,548 Rohingya families in Jammu, as of January 2018.

b)Bhatindi’s ‘Burmi market’, run by the Rohingya, is bigger and better-stocked than all the adjoining ones existing for decades.Localised who runs shop nearby, astonished on the fact that how refugees who had nothing on them have managed to own shops much bigger than his.

c)Rohingyas cover a large distance of approx. 2 and a half day journey from Kolkata to Jammu before reaching Jammu in the way they cross numerous stations and states and it is strange why they choose to come in the state which is less prosper and comparatively less stable than many others.

8. Foreigners Act:

Sec.3 of India Foreign Act 1946 provides that The Central Government may by order make provision, either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into India or, their departure there from or their presence or continued presence therein.Supreme Court in "Hans Muller of Nuremburg vs Superintendent, Presidency" gave power to the government to throw out foreigners. It was again upheld by the SC in "Mr Louis De Raedt&Ors v. Union of India"[1991 AIR 1886].

9. Community tension: 

There has been number of instances reported in Jammu which enhance the community tension. Whether it be a incident of Cow slaughter or involvement of Rohingyasin some anti national activity often leads to community tension.

Solution:

It is indeed our culture and tradition that we must help rohingyas but it is also true that we can’t do it at our own cost. It is equally strange that western Pakistani refugees who came to India after 1947 still struggle to get citizenship of the state (PRCs) and many influential persons in state machinery advocated not only to allow the permanent settlement of rohingyas but also provide them with permanent citizenship if needed. The threat from rohingyas establishment is rising day by day, the acquisition of pivotal positions by rohingyas such as near army camps indicate towards a great conspiracy,Jammu Hindus also see this as a conspiracy to alter the demographic character of the area. Thus it is high time to get alert and raise voice against the illegal immigrants and Indians especially Jammuites must not see this issue with the eyes of humanism but with the eyes of national security.

(The writer is a student of Law, Jammu University )