Friday, September 26, 2025

Rohingya Status in India and Region

Rohingya Status in India and the Region

The Rohingya community in India faces significant legal and humanitarian challenges, being classified as illegal immigrants rather than refugees. They are predominantly Sunni Muslims, and their population in the region numbers in the tens of thousands, with the vast majority residing in Bangladesh.

Core Information

Aspect Details
Status in India Classified as "illegal immigrants" under The Foreigners Act (1946). India does not recognize UNHCR refugee cards, and deportations have occurred.
School of Islam Predominantly Sunni Muslim. A very small minority practices Christianity or Hinduism.
Population in India Estimated 20,000 to 40,000 individuals. UNHCR has registered about 22,500-23,800.
Population in Bangladesh Over 1.2 million, with more than half being children.
Total Regional Population Several million across Southeast Asia, including significant populations in Pakistan (~500,000), Saudi Arabia (~190,000), and Malaysia (~150,000).

Legal Status and Conditions in India

The situation for Rohingya in India is precarious due to the absence of a formal legal framework for refugee protection.

Legal Classification

Since India is not a signatory to the 1951 UN Refugee Convention, it does not have a formal asylum law. The government classifies all Rohingya as "illegal immigrants" under the Foreigners Act, which allows for detention and deportation. The Supreme Court has acknowledged the principle of non-refoulement (not forcing people to return to a country where they face persecution) but has also declined to intervene to stop deportations in recent cases.

Access to Education

While Indian law guarantees free and compulsory education to all children aged 6-14, Rohingya children face significant barriers. Many lack official documents like Aadhaar cards, and some state governments have explicitly instructed schools not to admit them. In February 2025, the Supreme Court stated that national security cannot be used as a blanket reason to deny fundamental rights like education.

Recent Deportations and Detentions

There have been numerous reports of Rohingya being detained and deported. Human rights organizations have documented cases where refugees, including those with UNHCR cards, were expelled to Myanmar or Bangladesh. A particularly alarming incident in May 2025 involved allegations that Indian authorities left 40 Rohingya refugees in international waters near the Myanmar coast.

Regional Population Context

The Rohingya population in India is a small fraction of the total number displaced from Myanmar.

The Epicenter in Bangladesh

Bangladesh hosts the largest number of Rohingya refugees, with over 1.2 million living primarily in camps in Cox's Bazar. This includes Kutupalong, the world's largest refugee settlement.

Wider Diaspora

Significant Rohingya communities also exist in other countries in the region, including Pakistan, Saudi Arabia, and Malaysia, bringing the total displaced population to several million. An estimated 300,000 to 350,000 Rohingya remain in Myanmar's Rakhine State, where they continue to face persecution.

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