Rohingya Refugees and Indian State: A Critical Study

Dr. Gyanendra Fulzalke

Assistant Professor in Law
Shri Shivaji Law College, Parbhani
Maharashtra
India
Fulgyan@gmial.com
919689832451
Abstract
India is neighboring country of Mynmar. Rohingyas are most persecuted ethnic group in the
world. There are 40,000 Rohingyas illegally living in India. The recently Indian government
declared that rohongays will be derpoted to Mynamar. It triggered a controversy and problems of
refugees in India. Though India is not signatory to International convention of 1951or protocol of
1967 to protect refugees, Is India answerable to world at large for protection Rohingyass? Is it
possible to India, who is a biggest refugee protector allow Rohingyas also ? Is it Constitutionally
allowed stay of Rogingyas in India. Indian is a land for different minorities refugees like Sikhs,
Buddhists, Jains, Parsis and Christians - from Afghanistan, Bangladesh and Pakistan were
allowed to stay in India on Long Term Visas. Then why such help shall be extended to
Rohingyas also. Humanitarian law shall be used by India for displaced persons form Myanmar.
What about the internal security and law and order problem? Is it need of time to have a refugee
law of India? What is the stance of Indian government regarding stay of Rohingyas in India?
Whether India need correspond to United Nations High Commission to reconsider its decision?
Up to what extent India is under obligation to protect Rohingyas? What should be the strategy of
India with Rohingyas stay in India? The Rohingyas are facing serious life threats in Arakan
region of Myanmar. The India must extend its active support and possible help to this vulnerable
ethnic group. Under article 51 of Indian constitution a direction is given to state to help
international peace and agreements. How India can help Rohingyas. Its real time to protect
Rohingyas form mass murders and genocide in Myanmar. This research article is an attempt to
study constitutional status of Rohingyas. Research article is also going to focus on International
obligations on India to protect refugees in India. Researcher also wants to suggest fruitful
suggestions to overcome the problems of Rohingyas in India and make recommendations how to
extend possible help to Myanmar to overcome form ethnic problem because India wants to be
good neighbor.

Key Words: Rohingyas, India, Indian Constitution, Protection, Refugees, International.