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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 )

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Humanity is a quality of an individual that is being gifted by the nature to one and by which one is distinguished from other beings. Being human does not mean that an individual possesses humanity. The quality of humanity in an individual take note of what he do for people who give noting back in return to the favour they had offered. Extra- ordinary humanity in a human being has been portrayed beautifully by Mother Teresa as She had created a glorious example of Humanity across the world and particularly in India. Humanity means caring for and helping others whenever and wherever possible. Humanity means helping others at times when they need that help the most, humanity means forgetting your selfish interests at times when others need your help. Humanity means extending unconditional love to each and every living being on Earth. 

A perfect example of humanity can be demonstrated by the story of a king. A king with a kind heart once saw a pigeon and an Eagle fighting. He possessed the ability of communicating with the birds and animals. The pigeon asked the king to save him from the eagle. The king told the eagle that he is ready to pay any price in return for saving the pigeon. The eagle asks the king to give him the equal amount of flesh to the weight of the flesh of the pigeon. Agreeing to the Eagle’s condition, the king starts chopping off his own flesh equal to the flesh of the pigeon. After donating a little bit of his flesh, he still finds the pigeon heavier. Finally he surrenders the whole of himself to the Eagle to eat. That is the moment when both the Eagle and the pigeon turn into angels who appeared on the earth to test the extent of the king’s humanity. The king is now rewarded with the most precious rewards and heaven after life for his deed of humanity.

This story can be understood as an exaggerated statement so that individuals understand the importance of humanity in their day to day lives. It is important to understand one important fact "an individual’s life is successful not by the number of degrees he or she attains but by the degree of humanitarian activities that individual is into on a day to day basis". Serving the poor and the disabled is one of the greatest humanitarian help an individual can provide in his or her lifetime without any caste, creed, colour and religions. It is essential to understand the fact that we are extremely lucky to have everything we desire at any point of the time we need. Serving the needy means that you yourself think that you have more than enough resources to your disposal. 

People who always crib that they do not have sufficient facilities available despite having everything can never provide humanitarian services because if one has the mind set of not being self-sufficient, how can he or she help someone else. One is always remembered for his or her good deeds and it is essential to understand that there is no better deed than providing services for humanitarian causes. If eating and having fun is only what we are born to do then we should keep one thing in mind, even animals can do such activity, if God has made us humans there has to be some reason behind it.

Only human beings can understand the importance of humanity and it is humanity as a result of intelligence which actually gives the core essence to human existence.One will not need a hefty bank account to contribute towards humanitarian activities. Paying your domestic help fairly is also humanity. One is willing to pay thousands of bucks for your medical check- up but when it comes to paying your employee, you want to save every penny. 

Humanitarian activities should never be performed in order to achieve fame or to gain a status symbol. One can easily achieve fame by the work you do. Lifting the heavy bag of an old woman is humanity, helping a disabled to cross the road is humanity, helping your mom in doing work is humanity, in fact helping anyone who is in need is humanity. As one understand the importance of humanity in day to day life, the purpose for which we are on Earth is automatically fulfilled.

Humanity is an important part of life which tells that to help others, try to understand other and realize the people problems with our own eyes and try to help them. Showing humanity One don't need to be a rich person, even a poor person can sow humanity by helping someone or sharing his or her food, etc. When you show humanity you have a feel click or a pinch from your inner soul which you cannot get from something else.

Every religion tells us about humanity, peace and love that is why no religion is higher than humanity or against humanity . " One should like to help everyone without any caste, creed or colour. We all want to help one another,human beings are like that. We all want to live by each other's happiness, not by each other's misery. We don't want to hate and despise one another. In this world there is room for everyone and the earth is rich and can provide for everyone. 

It was a time in Jammu and Kashmir in 2018 in the month of January when humanity was murdered by  some miscreants who are not humans as they have done a henious crime in Hiranagar area of kathua district in Jammu and Kashmir state when eight year old minor girl belonging from nomadic Gujjar community was raped and murdered and thrown into the bushes of nearby forest . Though everyone section on humanity was seeking justice for Aisfa on humanity ground , but unfortunately the representatives of public and having protocol of ruling government organised a rally to defend rapist on name of Hindu Ekta Manch. 

Everyone section of society can imagine that weather humanity is alive or not in Jammu and Kashmir state  where Cabinet Ministers of ruling Bhartiya Janta Party are defending rape and murder accused, that shows that humanity had been murdered and humans are living like sheeps who are defending rapist . The state that is headed and governed by a female Chief Minister Ms Mehbooba Mufti who failed to deliver justice to Aisfa as more than two months have passed away. 

Not only the Cabinet Ministers of ruling Bhartiya Janta Party in Jammu and Kashmir state , the ruling Bhartiya Janta Party from center is defending rapist and murder acused by demanding CBI inquiry in matter as the investigation is being taken by Special wing of Jammu and Kashmir Police Crime Branch under supervision of Hon'ble High Court of state and everyone is having faith except BJP who is doing dirty politics on Aisfa case . 

It was also observed that Hindu Ekta Manch along with Ministers used TriColour National Flag of India as shield to organize a rally to defend the rape acused named as Deepak Khajuria Special Police Officer in Police Department of J&K Police.  Being a citizen of Republic India , I asked every citizen that if humanity is alive among we us  then why are we silent on Aisfa case rather than those whose are organizing rallies and defending rapist. I urged upon Chief Minister of Jammu and Kashmir state Ms Mehbooba Mufti , being a female and having such prestigious post , please deliver justice to Aisfa so as the voice of humanity can be taken on peak and peoples can believe on the law. 

Some peoples do things for humanity on larger scale we all should come on ourselves what we have do for humanity , every day we spend our time hanging around with friends going outside for parties have we ever feed a poor person on the road have we ever realize how poor people live their lives no we haven't because we never realize that for what we are in this world we never realize our duties towards humanity. 

One should must realize for what we are in this world because every religion teach us humanity and one who serve humanity is the happiest man on the globe real happiness is your inner satisfaction which you can get by serving humanity what so ever how much you are rich you can't buy inner happiness. Concluding the fact of humanity I would only say to any religion you belong be a human first be a human lover strive for humanity as every religion teach us humanity and share your life with others as life is all about living for others and serving humanity that is why "No religion is higher than Humanity" so start serving for humanity from today by doing a small of act of kind what gives you inner happiness and satisfactions in lifetime. Humanity is the only inner voice of one that none could imagine and no one can do without his own satisfaction. 

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When I kiss you I kiss your naked self within the broad manhood that you conceal  

 

Knowing how weak and vulnerable you are behind the curtain of pledges you make to protect me; while it’s me that nurtures you, brings you to life 

 

Only I know your moments of weakness when you stand only because I stand with you 

 

When you conceal the cracks in your courage with my feeble laughter 

 

When you secretly feed on my optimism and water your dreams with my faith in you 

 

When you quietly charge your happiness with the light in my eyes 

 

When you sit by my side swollen in manful pride you take in owning me 

 

And I sit there pretending to be owned while I caress your valiant armour with my feminism and drain every drop of my being to affirm yours 

 

Yet you are my protector and my guardian and I take you so

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