Medepally Meghana, Mahindra University School of Law
ABSTRACT
Rohingya Muslims, a small ethnic minority group who are inhabitants of Rakhine state in Myanmar were attacked on a large scale and were forced out of their country which is predominantly a Buddhist nation. They lost their homes and did not have any other place to go. They had to flee to the neighbouring countries for shelter, wherein almost one million Rohingya refugees and asylum-seekers had been registered by UNHRC. They are found in huge numbers in countries like Bangladesh, Malaysia, and India as well as in Thailand, Indonesia, Nepal, and other countries in small numbers, wherein few others are still in the Rakhine state and had displaced internally in Myanmar itself. The Indian government, that insists on deporting the Rohingya refugees, India is a home to various other refugees, currently has an estimated number of 40,000 thousand Rohingya’s according to the Human Rights Watch. Out of which, more than half of them are registered with the UN Human Rights Commission. The research paper focuses on analysing Rohingya refugee crisis with respect to their constitutional rights. Although, India is not a signatory of the 1951 Refugee Convention or its 1967 protocol and does not have a national refugee protection framework, but all the Constitutional rights which are applicable to aliens also apply to the refugees. This paper delves into the issue of all the constitutional rights which are violated in the case of Rohingya refugees as well as on the principle of ‘non-Refoulment’ which is considered a part of customary international law and whether India is bound by it or not.
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