After the Supreme Court accepted to hear the petition filed by two Rohingya migrants and directed the central government to provide its inputs, the Additional Solicitor General Tushar Mehta refused to give the assurance that Rohingya migrants will not be deported back to Myanmar. The petition filed by the two Rohingya migrants sought to draw an assurance from the central government that their community will not be forced to return back to Myanmar. When the Supreme Court asked Mehta to respond, he said, “I am not making any such statements.” The counsel for the two Rohingya migrants, advocate Prashant Bhushan said that the Rohingya community has been persecuted everywhere and the Indian government should protect them.
The petition says that the constitution of India calls for protecting the life and liberty of every human being, irrespective of whether an individual is a citizen or not. If the Rohingya migrants are deported, it would violate India’s commitment to international conventions which recognize the Principle of Non-Refoulement. As per this principle, deportation of migrants is prohibited to areas where their lives may be in danger. The abuses suffered by Rohingyas in Myanmar have been well documented in the UNHRC Report of 2016. Rohingyas have suffered various human rights violations such as forced labor, arbitrary arrest, enforced disappearance, torture and ill-treatment.