We Say 'Vasudhaiva Kutumbakam' But Throw Rohingyas in Sea: Lawyers, Journalists

"Our hearts have become so small, our tolerance so low that we can't even let 22,000 Rohingyas stay in India?"

Journalists and lawyers advocated for Rohingya refugees and condemned the recent deportation wherein they were 'thrown' in the sea.

(Photo: Aliza Noor/The Quint)

Days after it was reported that around 40 Rohingya refugees in India were "left" in international waters, journalists and lawyers held a key panel discussion in the Press Club of India on Monday, 19 May.

Headlined 'Breaking the Silence: Justice for Rohingya Refugees,' the panelists included, Human rights activist Harsh Mander, Senior Advocates Colin Gonsalves and Prashant Bhushan, senior journalist Pamela Philipose, The Azadi Project's Priyali Sur and writer Rita Manchanda.

The Quint reported an in-depth story of the families whose loved ones were abruptly taken away and its impact on them. In our story, we included details of the calls made with the deportees and the modus operandi of the deportation.

For context, around 40 Rohingya refugees were arrested from different parts of Delhi, flown from Hindon airport to Port Blair, Andaman and Nicobar islands, shifted on boats and then with life-jackets, allegedly dumped in the international waters in Southern Myanmar's Tanintharyi region by Indian authorities.

India which proclaims 'Vasudhaiva Kutumbakam' (the world is one big family) claims to be the world's largest democracy. But has the government got any humanity left? Do we follow any norm of International law, rule of law or even our Constitution?

Advocate Prashant Bhushan

"Probably the most persecuted minority in the whole world and we have pushed them back like this," lawyers and journalists observed.

Sur cited case studies which recounted years of unjust treatment of Rohingyas by Indian authorities.

"It's almost a taboo to talk about Rohingyas. If you so much as use the word 'Rohingya,' you can be labelled as an anti-national. But treating them with respect is not anti-national, it's living up to our constitutional values," she stated.

'We Have to Break Our Silence'

Taking note of this deportation, a UN expert has also begun an inquiry into the deportation, calling it "nothing but outrageous."

Mander pointed out a ruling by the International Court of Justice (ICJ) calling against the genocide by Myanmar's regime against Rohingyas. Myanmar has repeatedly stated that they do not consider Rohingyas as their citizens. They are stateless refugees and have fled to Bangladesh and India.

"Our hearts have become so small, our tolerance so low that we cannot even let around 22,000 Rohingyas stay in our country?" asked Mander. "Hum chup rahe toh hum uss zulm ke hissedaar hain." (If we stay quiet, we are complicit in this crime).

Meanwhile, Manchanda is also a petitioner in a case against detention of Rohingyas.

She pointed out that when US sent back Indian nationals, our country accepted them because we consider them as our citizens. But Rohingyas are being "forced to swim" to a place that does not recognise them as their own.

"A great deal of evidence and calls have been mentioned in The Quint and Scroll. We also have photographs, Maktoob media has also written about it. There is enough information. Even the UN Special Rapporteur said he will investigate this," Manchanda observed.

The panel at the Press Club of India.

(Photo: Aliza Noor/The Quint)

Why Lawyers Disagree With 'India Is Not a Dharamshala' Remark

Senior Advocates Prashant Bhushan and Colin Gonsalves referred to a recent observation by the Supreme Court rejecting a Sri Lankan Tamil refugee's plea. "India is not a Dharamshala, we cannot host refugees from all over."

This same line of argument is often used in the context of Rohingya refugees.

"On one hand, we say, India is not a Dharamshala, on the other we say 'Vasudhaiva Kutumbakam' (The world is one family) but we throw Rohingyas into the sea? What have we descended to? Are we living a civilized country. On the part of government as well as the Courts. It's unfortunate that a Court which is held in a high esteem is using the line of argument."

Advocate Prashant Bhushan

Advocate Gonsalves, who is appearing for the latest petition against the deportation, was told in the Supreme Court that his petition was a "crafted story," born out of "fanciful ideas."

But he stated that the UN expert's probe and the accounts and evidence they have gathered, corroborates their petition. On the 'Dharamshala' remark, he said:

"India has used United States of America as a dharamshala over the years. We went to Canada and got the protection of a 'dharamshala' there, metaphorically. So, what is this dharamshala narrative? Tibetans have resided in India since years after Nehru opened the doors. We were once powerful in terms of our human rights thinking."

Both the Advocates stated that despite the fact that even if India is not party to the Refugee Convention, through this deportation, India has violated several other laws and conventions.

Adding that this "undignified" deportation violates several international law principles: Genocide Convention, Convention against Torture, Convention on the Rights of the Child.

Notably, in the public discourse, a great deal of hate against Rohingyas is being spread. Even the daughter of India's foreign secretary faced hateful trolling online because she had in the past worked with Rohingya refugees as a lawyer.

The panelists stated that this is due to the anti-Rohingya, anti-refugee rhetoric by the government that has grown over the years since 2017-18, amplified during the election years.

"This is the mindset of the right-wing which indulges in mob lynchings, but this mindset has seeped into sections of civil society now. It is the society's responsibility to behave in a humane manner, so we treat the worst sufferers in the world in a humane manner," stated Advocate Bhushan.

Gonsalves and Bhushan also noted that a mindset has been inculcated that Rohingyas are terrorists, criminal-minded. But contrary to popular belief, there is not a single UAPA or sedition case against Rohingyas in any police station or court in India, they said, except a few minor theft cases.

Meanwhile, Philipose, critcising the deportation move asked, "What kind of impression would international community have when the world oldest democracy does this?"

She succinctly observed, "All markers of human rights have been bulldozed. We are internalising the Israeli state's tactics that have become our standard, it seems. Dehumanising language is used against Rohingyas, like Israel uses for Palestinians. India wants to be a strong power, but wants to throw human beings into the sea."