PUCL Slams Government Over “Illegal and Inhumane” Deportation of Rohingya Refugees

The People’s Union for Civil Liberties (PUCL) has issued a scathing condemnation of the Bharatiya Janata Party (BJP)-led union government over the alleged illegal deportation of 40 Rohingya refugees from Delhi, calling the act “inhumane,” “unconstitutional,” and a “duplicitous” violation of domestic and international law.

According to PUCL, the refugees—registered asylum seekers with the United Nations High Commissioner for Refugees (UNHCR)—were secretly picked up from Delhi on May 6 under the pretext of biometric verification, held incommunicado, and then forcibly transported to Port Blair in the Andaman and Nicobar Islands. From there, the group—including children, women, the elderly, and individuals suffering from illnesses like cancer—was reportedly blindfolded, handcuffed, and put aboard naval vessels. They were eventually abandoned in international waters near the Tanintharyi region of Myanmar, bordering Thailand.

“The BJP government is copying the Trump administration’s toolkit,” PUCL alleged, “violating the rule of law and India’s civilisational ethos of Vasudhaiva Kutumbakam.” The human rights organisation said the act amounted to "torture" and "attempted killing" and demanded an immediate independent inquiry into the episode.

Family members were reportedly unaware of the fate of their loved ones until after the deportation. PUCL said that 43 people were initially detained under the guise of biometric data collection but were never released. Testimonies from survivors, shared in audio recordings with PUCL, described horrifying conditions aboard the naval ships—blindfolds, handcuffs, physical abuse, and even accusations of being linked to the recent Pahalgam terror attack in Jammu and Kashmir.

The organisation said three individuals remain in custody at Delhi’s Inderlok Detention Centre, while 14 more from two families were taken to Vikaspuri Police Station and subjected to further abuse. Some of them were later released after court orders from the Chief Judicial Magistrate in Dwarka.

PUCL confirmed that the 40 deported refugees were now under the protection of Myanmar’s National Unity Government (NUG) in exile. The NUG reportedly released a list of the individuals rescued but has not disclosed their precise whereabouts for security reasons.

Legal experts aligned with PUCL argue that the deportation is a clear violation of the principles of non-refoulement, which prohibits returning refugees to a country where they face threats of persecution. Though India is not a signatory to the 1951 Refugee Convention, it is a party to other international instruments, including the United Nations Convention Against Torture and the Genocide Convention of 1948, both of which prohibit inhumane treatment and deportation to zones of genocidal violence.

Moreover, the PUCL asserts that the action directly contravenes Indian constitutional provisions under Articles 14 and 21, which guarantee equality before law and the right to life and personal liberty to all persons, not just citizens.

PUCL expressed concern that despite being informed, the Supreme Court did not intervene when informed of the illegal detention and impending deportation of the refugees on May 8. “The highest court’s refusal to act is deeply disturbing and signals a dangerous erosion of constitutional safeguards,” the statement read.

(The 40 Rohingya refugees allegedly cast off in the sea by Indian authorities possessed UNHCR cards. | Courtesy: Scroll)

The organisation also pointed out that the detainees were in possession of valid refugee documentation issued by the UNHCR, further undermining the government's claims of illegality.

PUCL also criticised Assam Chief Minister Himanta Biswa Sarma’s recent remarks that the government’s new strategy is to “push back” suspected illegal immigrants at the borders, without engaging in legal process. Calling this approach “an innovation,” Sarma had indicated a break from earlier legal mechanisms of detention and deportation.

PUCL said such statements reflect a broader policy shift under the Modi-led government that violates not just international norms, but India’s own constitutional principles and humanitarian legacy. “To term and vilify one of the most persecuted communities in the world as illegal immigrants is a grave injustice,” the statement read.

PUCL has issued a three-point demand to the Government of India. It has called for an independent inquiry into the illegal deportations, identification and punishment of officials responsible for the operation, and the establishment of mechanisms to ensure accountability. The organisation also urged the government to reaffirm its commitment to refugee protection and guarantee that no further unlawful deportations of Rohingya or other vulnerable communities take place. Finally, PUCL demanded that the government disclose the whereabouts of all detainees, particularly those still held in custody, and facilitate their immediate release and reunification with their families.

PUCL also warned that failure to act would not only represent a failure of law and governance, but also diminish India’s moral standing in the international community. The incident is the latest in a series of crackdowns on the Rohingya community in India. Despite repeated warnings from human rights organisations and international watchdogs, the government has continued to conflate asylum seekers with illegal immigrants.

The Rohingya, a stateless Muslim minority from Myanmar, have faced decades of persecution and were declared victims of genocide by the International Court of Justice in 2020.

According to Refugees International, as of December 2024, approximately 22,500 Rohingya refugees remain registered with the UNHCR in India. Many live in precarious conditions, without access to basic services, and frequently face discrimination, detention, and now, forced expulsion.

Civil society groups, including lawyers, students, and opposition political leaders, have started mobilization following PUCL’s revelations. Rights advocates are urging the National Human Rights Commission and international bodies to investigate the matter.

As the debate over India’s treatment of the Rohingya intensifies, the government has yet to issue any official clarification or denial regarding the deportation allegations. PUCL has vowed to pursue the matter in court and through international human rights mechanisms if necessary.