Lok Sabha Question No. 296 (UNSTARRED), answered on 2021-07-20
Subject: Rehabilitation of Rohingya Muslims
Ministry: HOME AFFAIRS
Asked by: Ritesh Pandey

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 296

TO BE ANSWERED ON THE 20 TH  JULY, 2021/ ASHADHA 29, 1943 (SAKA)

REHABILITATION OF ROHINGYA MUSLIMS

296.      SHRI RITESH PANDEY:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  whether  the  Government  finds  that  the  rehabilitation  of  Rohingya Muslims in the country could be a threat to national security;

(b) if so, the reasons and justifications therefor;

(c) if not, the reasons for delay in granting legal status to Rohingya Muslim immigrants;

(d)  whether the Government is a signatory of the UN Convention Against Torture (UNCAT) and whether India has ratified International Covenant on Civil and Political Rights (ICCPR), if so, the details thereof; and

(e)  whether the refoulement of Rohingya Muslims from India to Myanmar violates UNCAT and ICCPR, if so, the justifications of refoulement of some Rohingya Muslims?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI NITYANAND RAI)

(a) to (c):  Illegal migrants (including Rohingyas) pose a threat to national security.  There  are  reports  about  some  rohingya  migrants  indulging  in illegal activities.

India  is  not  a  signatory  to  the  1951  UN  Convention  relating  to  the Status  of Refugees  and  the 1967  Protocol  thereon.  All foreign nationals

## L.S.US.Q.NO.296 FOR 20.07.2021

(including refuge seekers) are governed by the provisions contained in The Foreigners  Act,  1946,  The  Registration  of  Foreigners  Act,  1939,  The Passport (Entry into India) Act, 1920 and The Citizenship Act, 1955, and rules  and  orders  made  thereunder.  Foreign  nationals  who  enter  into  the country without valid travel documents or whose travel documents expire while staying in India are treated as illegal migrants and are dealt as per the existing legal provisions.

(d) and (e):       India signed the Convention against Torture and other Cruel, Inhuman  or  Degrading  Treatment  or  Punishment  on  14  October  1997. However,  India  has  not  ratified  the  Convention.  India  acceded  to  the International Convention on Civil and Political Rights (ICCPR) on 10.04.1979.

Detention and deportation of illegal migrants after nationality verification is a continuous process. The powers of the Central Government under Section 3 of The Foreigners Act, 1946 to deport illegal foreign nationals and powers under Section 5 of The Passport (Entry into India)  Act,  1920  to  remove  an  illegal  foreigner  by  force  have  also  been entrusted  under  Article 258(1) of the  Constitution of India to all the State

Governments.    Further,  under  Article  239(1)  of  the  Constitution  of  India, Administrators of all Union Territories have also been directed to discharge the functions of the Central Government  relating to the aforesaid  powers.  A  Writ  Petition  No.  793/2017  has  been  filed  in  the Hon'ble Supreme Court of India, inter-alia, praying not to deport Rohingyas from  India.  The  matter  is  sub-judice  in  the  Hon'ble  Supreme  Court. However,  no  stay has been  granted by the Hon'ble Court on the deportation of Rohingyas being done as per procedure established by law.

*******