India faces UN scrutiny for forced repatriation of Rohingyas

UN urges India to uphold protections for refugees

On May 16, the United Nations launched an inquiry into reports that 40 Rohingya refugees were blindfolded, flown to the Andaman and Nicobar Islands, transferred to an Indian naval ship, and forced into the sea near a Myanmarese island after being given life jackets. Calling the act ‘unconscionable’ and unacceptable, it has urged India to end all inhumane or life-threatening treatment of Rohingya refugees, including its forced repatriation to Myanmar.

The United Nations Office of the High Commissioner for Human Rights has initiated an inquiry following reports that 40 Rohingya refugees were forced off Indian Navy ships in the Andaman Sea last week.

Calling it an “unconscionable, unacceptable act,” the United Nations has strongly urged the Indian government to cease any inhumane or life-threatening treatment of Rohingya refugees, including their forced repatriation to Myanmar, where they continue to face persecution and violence.

Reacting to the incident, Tom Andrews, the UN Special Rapporteur on the situation of human rights in Myanmar, described the alleged actions as a blatant disregard for lives in need of international protection.

“I am deeply concerned by what appears to be a blatant disregard for the lives and safety of those who require international protection. Such cruel actions would be an affront to human decency and represent a serious violation of the principle of non-refoulment, a fundamental tenet of international law that prohibits states from returning individuals to a territory where they face threats to their lives or freedom. Any forced repatriation of Rohingya refugees, who face the threat of violence, persecution, and other grave human rights violations in Myanmar, must end,” said Andrews.

Noted human rights lawyer, Colin Gonsalves, who is Founder of the Human Rights Network and Senior Advocate at the Supreme Court of India, described it as the strongest condemnation ever issued by the organisation and called it one of the most outrageous acts committed by the Government of India.

“It is the strongest possible condemnation by the UN, and such language is reserved for extreme circumstances. The Indian government’s deportation of Rohingyas recognised refugees with UNHCR refugee cards who had lived peacefully in India for about 10 years is outrageous. They were picked up at night and some were tortured. A 16-year-old was blindfolded, flown to the Andamans, put on a boat, blindfolded with hands tied, and left near shore to swim the rest of the way. This act shows the government of India acting lawlessly, taking the law into its own hands. I am glad the UN spoke out strongly against it,” Gonsalves tells Media India Group.

However, this is not the first time that the Indian government has come under scrutiny for its treatment of Rohingya refugees.

While the United Nations Refugee Agency (UNHCR) reports approximately 22,500 registered Rohingya refugees in India as of 2025, unofficial estimates place the total number higher. Due to their religious beliefs, Rohingya refugees in India have faced tightened restrictions, arbitrary detention, violent attacks often incited by political rhetoric, and a heightened risk of forced returns.

According to a 2024 report by Refugees International, an activist organisation working for refugee rights globally, at least 676 Rohingya were in immigration detention across India, the majority without pending legal cases. Among them, 39 were held in a shelter in Delhi and 235 in a holding centre in Jammu.

On January 3, 2019, Indian authorities separated and forcibly returned five members of a Rohingya family to Myanmar. UN human rights experts condemned the government’s subsequent deportation of three more Rohingya individuals and called on Indian authorities to halt such actions. These measures, they noted, violate international law, as the principle of non-refoulement prohibits states from returning individuals to countries where there are substantial grounds to believe they would face persecution, torture, ill-treatment, or other serious human rights violations.

The threat of deportation is not the only fear haunting the Rohingya community in India. Daily life inside detention centres is marked by systemic neglect and prolonged suffering.

From May to November 2024, the Azadi Project and Refugees International conducted interviews with Rohingya detainees, their families, and legal representatives, and visited one such facility. These investigations revealed widespread violations of constitutional protections and human rights, along with India’s failure to uphold its obligations under international treaties.

Detention conditions were found to be especially harsh. Men and women are segregated, and spouses are denied contact. In direct violation of India’s model detention manual, which states that families should not be separated, older children are routinely removed from their parents.

This is just one example of the many gaps between policy and practice.

Moreover, many refugees remain detained well beyond the completion of their sentences. Children inside these centres are denied access to formal education and safe play areas, while elderly detainees with mobility challenges depend entirely on others for basic needs, including food and toilet access. Some children, born in custody, have never experienced life outside detention, activists say.

Additionally, poor sanitation and ventilation contribute to serious physical and mental health issues, which include instances of temporary paralysis. There is no access to mental health care, and physical health needs, which are addressed only through police-supervised hospital visits.

According to Gonsalves, the community’s living conditions are worse than those of slum dwellers, with sanitation so poor that many, especially women, resort to defecating in plastic bags and disposing of them in the garbage.

“The Rohingya communities live in conditions worse than Jogi, slum, and pavement dwellers. Our fact-finding revealed pregnant women with complications denied hospital access because government hospitals labelled them foreigners. Yet, human rights under Article 21 apply to everyone in India, including refugees. They live on garbage dumps with no toilets, resorting to defecating in plastic bags and leaving them in the trash. Rohingya children, aged 9 to 11, have been barred from schools, leaving girls without education. They are denied subsidised food from ration shops, healthcare, and proper housing. This treatment is worse than slavery. When Indians abroad were returned in chains and the nation was horrified, we treat refugees just as harshly. We should not be surprised when others, like Trump, treat us similarly if we treat refugees this way ourselves,” adds Gonsalves.

Current Situation

Meanwhile in a particularly troubling development, Indian authorities reportedly removed approximately 100 Rohingya refugees from a detention centre in Assam and transferred them to an undisclosed location near the Bangladesh border. Their current whereabouts and condition remain unknown, raising further concerns about potential refoulement and violations of international law.

In response to these escalating concerns, on March 3, UN Special Rapporteur Andrews issued a formal communication to the Government of India.

The letter highlighted the widespread, arbitrary, and indefinite detention of refugees and asylum seekers from Myanmar, including the Rohingya, and raised alarm over reports of forced returns. He urged government to end arbitrary detention and grant international agencies access to detention facilities to ensure compliance with human rights standards.

“The Government of India must immediately and unequivocally repudiate unconscionable acts against Rohingya refugees, stop all deportations to Myanmar, and ensure that those responsible for these blatant violations of India’s international obligations are held responsible,” added Andrew.

While India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, and is therefore not legally bound by their provisions, including the principle of non-refoulement, it has historically offered asylum to various refugee groups and cooperated with the UNHCR. Nevertheless, concerns remain about inconsistent application of protections and the treatment of stateless populations.

“Our case is different from migrants from Bangladesh, Sri Lanka, or any other country. They have a nation to return to, but the Rohingya have been rendered stateless. Both elected and military governments in Myanmar have refused to recognise us. Lakhs have been sheltering in Cox’s Bazar for decades. We do not wish to remain in India permanently, we want to return to our homes in Rakhine. But the conditions there remain unsafe. India has a reputation for humanitarian treatment of refugees and migrants. We hope the same compassion will be extended to the Rohingya,” says Rohingya activist while telling a Karnataka based media organisation.

Lamenting this development, Gonsalves emphasises that India during independence was one of the most glorious and magnificent countries, led by visionaries like India’s first Prime Minister Jawaharlal Nehru and his sister, who played key roles in drafting the Universal Declaration of Human Rights. But today, India has fallen far from those ideals, ignoring the rights of refugees.

“At independence, India was one of the most glorious and magnificent countries, with leaders like Jawaharlal Nehru and his sister instrumental in creating the Universal Declaration of Human Rights. Yet, today, we have fallen far, ignoring the rights of refugees. What a decline for India,” adds Gonsalves.

Meanwhile, acting on a plea by Gonsalves, the Supreme Court of India declined to grant an interim stay on the deportation of Rohingyas. The matter will be taken up for further hearings shortly.