Balancing National Security and Human Rights: The Rohingya Issue

  • In December 2025, a petition before a Supreme Court bench led by Chief Justice Surya Kant raised concerns over the alleged detention and deportation of a Rohingya refugee family without adherence to established legal procedures, bringing into focus India’s legal framework and international obligations regarding refugees.**

International Obligations and Domestic Framework

  • India is not a signatory to the 1951 Refugee Convention or the 1967 Protocol.
  • In the absence of specific domestic legislation, refugees are administratively categorized as illegal migrants.
  • The Foreigners Act 1946 provides the legal basis for the deportation of undocumented foreign nationals.
  • Customary international law includes the principle of non-refoulement, prohibiting ....
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