Khabor Wala Desk
Published: 17th May 2025, 5:38 PM
The Office of the United Nations High Commissioner for Human Rights (OHCHR) issued a statement on 15th May, claiming that 43 Rohingya refugees residing in New Delhi were forcibly taken to Myanmar by sea. This has sparked significant concern and legal action in India, where a petition has been filed in the Supreme Court.
Court’s Initial Response
| Event | Date | Details |
|---|---|---|
| Petition Filed | 15th May | The petition, filed by senior human rights lawyer Colin Gonsalves, sought an immediate hearing on the alleged forced deportation of Rohingya refugees. |
| Court’s Rejection | 17th May | Justices Surya Kant and N. Kotiswar Singh rejected the urgent plea, citing a lack of credible evidence. They directed the matter to the bench already handling a similar case scheduled for hearing on 31st July. |
Court’s Observations
The Supreme Court bench, comprising Justice Surya Kant and Justice N. Kotiswar Singh, expressed surprise at the lack of substantial evidence supporting the petition. They remarked:
“The application lacks concrete proof. It reads more like a well-written narrative than a solid legal submission. The claims remain mere allegations without appropriate verification.”
The judges further noted that the petition contained vague assertions without verified call records or substantial documentation. They referenced past instances where international calls had been traced back to Indian numbers, casting doubt on the credibility of the current claims.
Details of the Alleged Incident
According to the OHCHR and the petition submitted to the Supreme Court:
Incident Timeline:
6th May: The 43 Rohingya refugees were reportedly taken from New Delhi under the pretext of biometric data collection.
8th May: They were flown to the Andaman Islands, then transferred onto a naval vessel and taken to Myanmar’s international waters, where they were allegedly forced into the sea with life jackets.
Refugee Accounts:
The refugees, registered with the UNHCR, claimed they were initially asked whether they wished to be sent to Myanmar or Indonesia.
Despite choosing Indonesia, they found themselves in Myanmar’s Tanintharyi Region after swimming for 12 hours to reach the shore.
UN’s Stance
| UN Official | Statement |
|---|---|
| Tom Andrews (UN Special Rapporteur on Myanmar) | “The reports that Rohingya refugees were thrown into the sea from a naval ship are horrific and unacceptable. I am gathering further evidence and urge the Indian government to release a full account of the events.” |
| OHCHR Statement | “The recent credible reports of Rohingya refugees being forcibly expelled into the Andaman Sea are deeply concerning. India must immediately cease such life-threatening practices and hold those responsible accountable.” |
Legal and Diplomatic Challenges
India’s Legal Position: India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, which limits the international legal obligations it faces regarding refugee protection.
Court’s Directive: The division bench instructed that copies of the petition be submitted to the Solicitor General and Attorney General, and set 31st July as the next hearing date before a three-judge bench.
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