The People’s Union for Civil Liberties (PUCL) has strongly condemned the alleged deportation of 40 Rohingya refugees from India, describing the reported action as “illegal”, “inhumane”, and tantamount to a “duplicitous deportation” in violation of both domestic and international legal obligations.
In a detailed statement issued this week, PUCL alleged that the refugees were forcibly removed from the national capital and transported to the Andaman and Nicobar Islands, before being abandoned in international waters near the conflict-ridden Tanintharyi region along the Myanmar-Thailand maritime border.
According to PUCL, the deportation was carried out surreptitiously by detaining the refugees – many of whom were registered with the United Nations High Commissioner for Refugees (UNHCR) – under the pretext of collecting biometric data. Detained by the Delhi Police on May 6, the individuals were reportedly moved to various police stations before being shifted to the Inderlok Detention Centre. Although authorities initially claimed that the transfer was for biometric processing, the refugees were subsequently flown to Port Blair.
“Shockingly, 43 detainees were not released after biometric collection. Instead, they were blindfolded, handcuffed, and placed aboard naval vessels. Upon reaching the maritime border near Myanmar, they were thrown into international waters,” PUCL alleged. Among those deported were minors, elderly individuals, and persons with serious health conditions, including cancer.
Kavita Srivastava, PUCL president, criticised the Narendra Modi-led government’s approach to refugee policy, comparing it to the hardline immigration stance of the former Trump administration in the United States. “The BJP seems to have adopted a paradigm of disregard for the rule of law and judicial oversight. This so-called ‘pushback’ policy, as espoused by Assam Chief Minister Himanta Biswa Sarma, is a flagrant violation of constitutional norms and international humanitarian principles,” Ms. Srivastava said.
An audio recording from one of the survivors, shared with PUCL, details alleged mistreatment aboard naval ships, including physical abuse, interrogation, and sexual harassment. “We were accused of involvement in the Pahalgam terrorist attack. When we denied it, we were told we were pretending. Women were abused. Eventually, we were abandoned at sea,” the survivor recounts.
PUCL general secretary Dr. V. Suresh noted that the National Unity Government of Myanmar has confirmed the presence of 40 rescued Rohingya individuals now under their protection. However, the whereabouts of three others remain unknown, and additional reports suggest that at least 14 more refugees were illegally detained and subjected to custodial violence.
“This is a grave breach of India’s obligations under international law, including the Convention on the Prevention and Punishment of the Crime of Genocide, ratified by India in 1959,” Dr. Suresh said. “The Rohingya are among the most persecuted minorities in the world. Returning them to regions fraught with conflict and genocide allegations is morally indefensible.”
PUCL also pointed to a May 8 Supreme Court hearing, during which the judiciary declined to intervene in a plea against the reported deportation. The Union government, in its response, reportedly claimed that Article 19(1)(e) of the Constitution, which guarantees the right to reside in any part of India, applies only to citizens. PUCL countered this position, stating that Article 21 – the right to life and personal liberty – extends to “all persons” and is not contingent upon citizenship.
Despite India not being a signatory to the 1951 UN Refugee Convention, PUCL asserted that deportation procedures are bound by the Foreigners Act and related legal frameworks. The organisation contended that the treatment of the refugees constitutes torture and violates India’s commitments under the United Nations Convention Against Torture.
“The Indian government has effectively undermined due process and legal protections in a case involving one of the most vulnerable refugee groups in the world,” the PUCL statement concluded. “This marks a disturbing moment in India’s human rights history.”
As per Refugees International, around 22,500 Rohingya refugees are currently registered with UNHCR India. Many live under precarious conditions, facing systemic violations of their rights.
Published – May 16, 2025 04:12 pm IST
