India Accused of Forcing Rohingya Refugees Into Sea \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ The UN is investigating claims that Indian authorities forced over 40 Rohingya refugees, including women and children, into the sea near Myanmar. The refugees were allegedly removed from detention, flown to the border, and told to swim ashore. The act, if verified, would violate international law protecting vulnerable asylum seekers.
Quick Looks
- UN says at least 40 Rohingya refugees were expelled by sea.
- Indian navy allegedly cast refugees into waters near Myanmar.
- Refugees included women, children, elderly, and 15 Christians.
- UN calls act a violation of international human rights law.
- Five Rohingya confirm family members were removed on May 6.
- Refugees were blindfolded, restrained, flown, and released offshore.
- Petition filed in India’s Supreme Court seeking their return.
- India denies comment; Myanmar yet to respond.
- Refugee Convention not signed by India, limiting legal protections.
- UN experts warn of “unconscionable, life-threatening” treatment.
- One refugee said Indian officers told them to “swim to Myanmar.”
- India accused of escalating anti-Rohingya actions amid nationalist pressures.
Deep Look
A growing international backlash is erupting over allegations that Indian authorities forcibly expelled dozens of Rohingya refugees, including women, children, and elderly individuals, by casting them into the sea near Myanmar’s maritime border. According to the United Nations, family members of the refugees, and legal representatives, the incident may constitute a serious breach of international human rights law.
The Office of the UN High Commissioner for Human Rights (OHCHR) released a statement on Thursday confirming that at least 40 Rohingya refugees detained in New Delhi were forcibly removed, handed life jackets, and abandoned near Myanmar’s waters by the Indian navy. The incident reportedly took place on May 8, just two days after the group was detained under the pretense of biometric data collection.
The OHCHR said that while the refugees managed to swim ashore, their whereabouts in Myanmar remain unknown, raising urgent concerns for their safety given the country’s military-led government and history of violence against Rohingya populations.
Eyewitnesses and Family Testimonies Confirm Allegations
The Associated Press spoke with five Rohingya refugees currently living in India, who confirmed that their relatives were among the group detained and expelled. One man, whose identity is withheld for safety reasons, described the moment he received a call from his brother—made via a borrowed phone from a local fisherman—shortly after making landfall on a remote island in Myanmar.
“My parents were taken from me and thrown into the waters,” he told AP. “It would be enough if I am reunited with my parents. I just want my parents, nothing else.”
According to the testimonies, the Indian authorities removed restraints and blindfolds, provided life jackets, and then ordered the group to swim toward Myanmar territory. AP also reviewed a recorded phone call from another refugee describing physical abuse by Indian naval personnel. Though AP has not independently verified the events, photos and evidence of the refugees in police custody in India prior to the expulsion have been provided.
The group included 15 Rohingya Christians, making them doubly vulnerable upon return to a country where religious persecution is prevalent.
UN and Legal Experts Condemn the Incident
The OHCHR condemned the incident as “unconscionable, unacceptable acts” and assigned a UN expert to investigate. Tom Andrews, the UN Special Rapporteur on the situation of human rights in Myanmar, did not mince words:
“Such cruel actions would be an affront to human decency and represent a serious violation of the principle of non-refoulement,” Andrews said. “This is nothing short of outrageous.”
Non-refoulement is a foundational principle of international law that prohibits returning asylum seekers to territories where their lives or freedoms are threatened. Even though India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, the UN argues that India still has binding obligations under customary international law.
Dilawar Hussain, a lawyer representing the expelled refugees, confirmed that a petition has been filed in India’s Supreme Court, demanding the government locate and return the group to New Delhi. He emphasized that many of the expelled individuals were registered with the UNHCR and were being detained under false pretenses.
India’s Silence and Legal Ambiguity
Neither India’s navy nor its Ministry of External Affairs has responded to media inquiries. Myanmar’s military-led government also remained silent. Meanwhile, refugee advocates and international watchdogs are alarmed at the lack of accountability and the potential precedent such an act could set for other vulnerable populations.
India has no national refugee law, and Rohingya Muslims—many of whom fled genocidal violence in Myanmar’s Rakhine State—are often treated as illegal immigrants. The estimated 40,000 Rohingya refugees in India, about 22,500 of whom are registered with the UNHCR, face rising threats from Hindu nationalist groups and are often detained in overcrowded facilities.
Recent policies under Prime Minister Narendra Modi’s government have heightened scrutiny of Muslim refugees. A controversial citizenship law enacted in 2020 excludes Muslim migrants from neighboring countries, effectively shutting the door on protections for Rohingya and other persecuted Muslim communities.
Broader Implications for Refugees and AI Concerns
While this specific incident centers on the forcible return of Rohingya refugees, it also underscores larger global concerns about how stateless populations are treated. The principle of non-refoulement is at the heart of international refugee protections, and acts like these, if verified, undermine decades of legal and humanitarian precedent.
This episode also adds pressure to the United Nations, which has struggled to enforce compliance among non-signatory states like India, despite repeated warnings. The OHCHR is now under scrutiny to demonstrate it can protect refugees even in politically sensitive regions where geopolitical interests often override humanitarian obligations.
A Pattern of Persecution and Expulsion
India’s treatment of Rohingya refugees has drawn criticism for years. In recent years, hundreds of Rohingya have been detained indefinitely or deported to Bangladesh or Myanmar, often without due process. Rights groups have repeatedly flagged abuses in detention centers, including limited access to legal aid, poor sanitation, and lack of medical care.
Some experts fear that this latest incident signals a shift toward extrajudicial methods of expulsion—one that bypasses courts and transparency entirely, raising the risk of death or persecution for already vulnerable individuals.
“India is now engaging in offshore expulsions,” said one legal expert specializing in refugee law. “This is not only illegal—it is a horrifying erosion of the norms that protect human beings from being treated as disposable.”
Next Steps: Legal, Political, and Humanitarian Response
The Supreme Court of India is now expected to review the petition filed by the families, but no court hearing has been scheduled. Meanwhile, international human rights organizations are calling for independent investigations and possible sanctions against those responsible.
The UNHCR and Refugees International are pressing India to adhere to minimum international standards, even as legal ambiguity around refugee status persists.
For the families left behind in New Delhi and other Indian cities, the fate of their loved ones remains uncertain. Their stories — many now emerging via calls, recordings, and images — speak to a desperate plea for humanity amid growing hostility.
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