Rohingya Refugees Facing Exclusion and Deportation
with India’s Citizenship Amendment Act

The Rohingya have been forcibly displaced throughout Asia, including India, with repatriation to Myanmar deemed impossible. How are they being treated in India, a country lacking refugee laws and international commitments? According to Indian laws and the policies of the current BJP-led government, they are viewed as “aliens” who pose a security threat and are excluded by the implementation of the Citizenship Amendment Act. Do Indians endorse this view?

 

There are an estimated 40,000 Rohingya in India, dispersed throughout the country. They live in deplorable conditions within their makeshift settlements or “unauthorized colonies.” Many of them have refugee cards issued by the UNHCR, but the Indian government claims they do not have the right to live in India. The current political climate has made it more difficult for the Rohingya to seek safety in India, as the government has imposed various restrictions.

A significant number of Rohingya entered India from Bangladesh; many paying bribes to be able to cross international borders. What compelled them to migrate from Bangladesh to India included restricted access to essential services such as education and health care, limited livelihood opportunities, and the relocation of Rohingya individuals to the cyclone-prone island of Bhasan Char (push factors), and the prospect of employment opportunities, access to education and health services, and family reunification in India (pull factors).

The Rohingya community gained visibility in India in April 2012, when they staged a months-long protest outside the UNHCR office in Delhi. Their aim was to demand refugee status, as at that time, they only had “asylum seeker cards.” As a result, Rohingya individuals who applied and underwent the Refugee Status Determination process were granted refugee status and issued long-term visas that required annual renewal. These documents not only helped them acquire legal documents such as the Aadhaar card but also enabled them to access various socio-economic benefits offered by the state.

Since the rise of the pro-Hindu BJP government in 2014, the political landscape has changed, exacerbating the situation for the Rohingya. In 2017, the renewal of long-term visas for Rohingya individuals was halted. In addition, the government ordered the confiscation of all Aadhaar cards held by the Rohingya. The government also issued orders to identify and deport Rohingya individuals. This process led to a significant number of Rohingya people being arrested and charged with violating the Foreigners Act (1946) or the Passports Act (1929).

The first recorded case of Rohingya deportation occurred in October 2018, when seven Rohingya individuals were expelled to Myanmar. India deported another five Rohingya people to Myanmar in January 2019, and another seven in October 2019, as part of a broader government crackdown on illegal immigration. The deportations have continued since then. The most recent attempt took place in March 2024, when it was announced that eight refugees who had “illegally entered India” would be repatriated. The deportation was later stopped after Myanmar authorities refused to work with India on the matter.

All of this is happening against the backdrop of the implementation of the Citizenship Amendment Act (passed in 2019, but not enforced until now), which aims at granting Indian citizenship to persecuted minorities from neighboring countries. One might ask, then, why are the Rohingya being expelled? The new amendment targets six specific religious minorities not including Muslims, and those who came to India from Pakistan, Bangladesh, and Afghanistan before 2015. These measures have been criticized by human rights organizations, which contend that the Rohingya refugees are fleeing violence and persecution and should be offered protection rather than being subjected to detention and deportation.

This contemporary environment not only shapes the policies towards the Rohingya, but also influences public opinion. Negative depictions of the Rohingya, including labeling them as illegal and a threat to India’s security, have the potential to alter public perceptions. Consider, for example, events such as those that took place in December 2019, when the Union Home Minister stated in parliament that “Rohingyas will never be accepted in India“, and reiterated that they entered the country through Bangladesh. Similarly, in July 2023, another BJP leader expressed concern over Rohingya infiltration, calling it “alarming” and a threat to the security of the nation.

As a result of the Indian state’s explicit refusal to protect the rights of the Rohingya and the strong statements of prominent political figures, the Rohingya are not only excluded from legal protection, but also lack support from the general population. The Sinophone Borderlands Indo-Pacific Survey (2022) – with a national quota sample of 1,146 respondents, representative of India’s general population in terms of gender, age, and region –further explored how Indians feel about the Rohingya in their country.

 

General Attitudes Toward the Rohingya

The results of the survey show that the overall attitude of Indian respondents towards the Rohingya is predominantly cold compared to some other groups of people (a deliberate mix of different ethnicities, nationalities, and religious groups), colder even than towards Muslims in general (see Figure 1).

Negative views of the Rohingya are particularly prevalent among older men. In addition, both electoral preference and religion play a significant role in shaping attitudes toward the Rohingya. The majority of Indians, including BJP voters, identify as Hindus and often have negative perceptions of the Rohingya. In contrast, Muslims and Christians are more likely to view them positively, with Muslims expressing solidarity with fellow Muslims and Christians showing a general compassionate inclination.

Figure 1: Indian perceptions of the Rohingya among other groups of people

 

Opinion on Resettlement

Negative sentiments towards the Rohingya can also be attributed to their secondary movements via Bangladesh. India has long faced the challenge of a significant influx of Bangladeshi migrants. The Indian government tends to conflate the issue of Rohingya migration with that of Bangladeshi migrants, viewing both groups as placing a burden on the Indian economy. Consequently, the Rohingya individuals are perceived as migrants rather than refugees. Moreover, the government emphasizes the religious aspect, distinguishing between the acceptance of Hindu migrants from Bangladesh and the less favorable treatment of Muslim migrants.

Figure 2: Support for the resettlement of the Rohingya in India

Given these circumstances, it is not surprising that the issue of supporting the resettlement of the Rohingya in India is a divisive one (see Figure 2). Those who tend to oppose their resettlement are typically older men. In terms of political affiliation, BJP supporters exhibit the lowest willingness to allow Rohingya resettlement in India. Religious affiliation also continues to play a significant role, with Hindus leaning against resettlement, Muslims supporting it, and Christians expressing support, albeit to a lesser extent.

Policy preference

When presented with specific policy options for dealing with Rohingya refugees, 30 percent of Indian respondents expressed a preference for intervention to stop the flow of refugees, 20 percent favored repatriation (sending them back to Myanmar), and another 20 percent favored granting them asylum (see Figure 3). Notably, 29 percent chose the “I don’t know” option, indicating uncertainty or lack of a clear position.

The preferred policy option is to intervene to stop the flow of refugees. India has taken steps in this direction. In 2012, during a visit to Myanmar by the then External Affairs Minister, a relief assistance package of 1 million US dollars was announced for Myanmar. In 2017, India implemented a project called “Operation Insaniyat” in Bangladesh to provide relief assistance to Rohingya refugees. Several rounds of aid have been delivered. Delhi’s decision to assist Rohingya refugees had the underlying intention of discouraging their entry into India. Moreover, in 2018, when an agreement was reached between Myanmar and the United Nations to facilitate the safe and voluntary return of hundreds of thousands of Rohingya refugees, India contributed by building 250 houses for refugees in Myanmar in preparation for their return. However, following the military coup and the subsequent civil war in Myanmar, voluntary repatriation to Myanmar is not a viable option.

Figure 3: Preferred policy option for the Rohingya

 

Government Rhetoric Shaping Views

The results of the survey suggest that the overall perception of the Rohingya among Indians tends to be significantly negative. This can be attributed to the increase in violence against Muslims under the current government. Negative sentiments are further fueled by the association of Rohingya migration with the long-standing issue of Bangladeshi migrants, who are seen by the government as an economic burden. Resettlement is a divisive issue: Hindus generally oppose it, Muslims support it, and BJP supporters are least likely to accept it. Indians prefer policies to stop the influx rather than provide asylum. Because the Rohingya population in India is relatively small and dispersed, public opinion is shaped more by government rhetoric than personal experience. The Indian population largely adopts the government’s perspective and perceives the Rohingya as a potential threat, leading to passive acceptance of government actions against them.

 

 

The author has contributed to the realization of the 2022 Sinophone Borderlands Indo-Pacific Survey.

Cover photo: A boy from the Rohingya Community rides his cycle cart through a muddy street caused by rains in a Rohingya Refugee Camp on World Refugee Day, in New Delhi, India on June 20, 2023 Photo by Kabir Jhangiani / NurPhoto via AFP.


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