AISA strongly condemns the illegal detention, torture and forced deportation of 40 Rohingya refugees by the Indian authorities. These refugees, recognized by UNHCR, were subjected to serious human rights violations, culminating in their abandonment in the international waters near the Myanmar Coast — an act that endangers their lives and violates the fundamental principles of humanity and justice. Children as young as 15, female minors as young as 16, senior citizens up to 66 years old, and people suffering from cancer and other ailments were among those abandoned into the sea without regard for their lives or safety.
After illegal detention by the Delhi Police, under the pretext of collecting biometric data, the refugees were flown to Port Blair and then put on naval ships with tied hands and blindfolds, following which they were thrown into international waters, effectively abandoned to die. Such actions not only defy the Indian authorities’ actions constitute a violation of constitutional guarantees under Article 21 and also violate international customary law which includes the return of refugees to places where they face persecution, torture, or death.
The Rohingya, declared victims of genocide by the International Court of Justice have faced systemic persecution in Myanmar, including mass killings, rape and denial of citizenship. India, having previously granted Long-Term Visas to Rohingya refugees until 2017, cannot now arbitrarily label them as illegal migrants and subject them to such brutality. The Ministry of Home Affairs’ guidelines (dated December 29, 2011) explicitly distinguish refugees from economic migrants, affirming their protection under India’s legal framework. Furthermore, the Juvenile Justice Act recognizes minors fleeing persecution as “children in need of care and protection,” making the detention and deportation of Rohingya minors a clear violation of domestic law.
AISA demands an immediate halt to the detention, torture, and deportation of Rohingya refugees registered with UNHCR India. An investigation must be constituted to probe the illegal detentions and deportations and ensure accountability and action against those responsible. AISA reasserts the need for the Indian state to adhere to the principle of non-refoulement and comply with India’s constitutional and international obligations to protect refugees. Furthermore and most urgently immediate humanitarian assistance must be ensured for the affected families, including reunification with separated members and access to medical care and legal aid.
- Issued by All India Students Association (AISA) on May 19, 2025
