PUCL questions legality of Rohingya refugees’ detention and deportation

By A Representative

The People’s Union for Civil Liberties (PUCL) has raised serious concerns over the Indian government’s deportation of 40 Rohingya refugees, alleging the process was illegal, inhumane, and violated both domestic and international laws. In a statement, the organization claims the refugees, registered with the United Nations High Commissioner for Refugees (UNHCR) India, were detained in Delhi and abandoned in international waters near the Myanmar-Thailand border.

On May 6, 2025, 43 Rohingya refugees from Muslim and Christian communities, including children as young as 15, female minors as young as 16, senior citizens up to 66 years old, and individuals with serious illnesses such as cancer, were detained by Delhi Police under the pretext of collecting biometric data. After being held for over 24 hours at various police stations, they were transferred to the Inderlok Detention Center in Delhi. Subsequently, 40 of them were covertly flown to Port Blair in the Andaman and Nicobar Islands aboard an army aircraft. There, they were allegedly blindfolded, bound, and placed on naval ships. Survivors reported being tortured, beaten, and accused of involvement in a terrorist attack in Pahalgam, Jammu and Kashmir. Women among the group faced sexual harassment and abusive language. The refugees were then abandoned in conflict-ridden waters near Myanmar’s Tanintharyi region, close to Thailand.

A recent report confirms the 40 refugees are now under the protection of Myanmar’s National Unity Government (NUG) in exile, though their exact whereabouts remain undisclosed. Three others remain detained at the Inderlok Detention Center. Additionally, 14 other refugees from two families, detained at Vikaspuri Police Station on May 6, faced illegal detention. While the women were released on May 7, the men were held, relocated on May 8, and reportedly beaten in custody. Some have been released following orders from the Chief Judicial Magistrate, Dwarka.

PUCL argues the deportation violated India’s obligations under international law, including the UN Convention Against Torture, the 1948 Genocide Convention, and the principle of *non-refoulement*, which prohibits returning individuals to places where they face persecution. The Rohingya, recognized as one of the world’s most persecuted minorities, have faced decades of violence and discrimination in Myanmar, with over a million living as stateless refugees in Bangladesh and others seeking refuge in India, Malaysia, and Thailand. In India, approximately 22,500 Rohingya hold UNHCR Asylum Seeker Certificates, as reported by Refugees International in December 2024.

The organization also claims the actions contravened domestic laws, including constitutional protections under Articles 14 (equality) and 21 (right to life and liberty), as well as the Foreigners Act, which outlines deportation procedures. PUCL criticized the government for ignoring these legal safeguards and noted that the Supreme Court, during a May 8, 2025, hearing on a petition to stop the deportations, declined to intervene, while the government argued that the right to residence under Article 19(1)(e) applies only to citizens. PUCL called this argument misleading, asserting that the Rohingya, as refugees fleeing genocidal violence, are entitled to Article 21 protections available to all persons in India.

PUCL has urged the government to investigate the alleged human rights violations, ensure future deportations adhere to due process, and disclose the whereabouts of detainees for their release to their families. The organization emphasized that India’s actions contradict its historical tradition of offering refuge to persecuted groups, such as the Parsis, and urged adherence to legal and humanitarian standards in the treatment of refugees.

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