India – Supreme Court of India: Deportation of Rohingya Refugees (2019)

Case: Supreme Court of India – Collective Deportation Order

This case before the Indian Supreme Court centers on the legality and human rights implications of India’s proposed deportation of approximately 40,000 Rohingya refugees to Myanmar. Special Rapporteur Achiume submitted a legal opinion emphasizing that such deportation would constitute a breach of India’s international obligations under treaties like the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the International Covenant on Civil and Political Rights (ICCPR), and customary international law. The brief highlights Myanmar’s ongoing crimes against humanity and genocidal intent against the Rohingya, making the country unsafe for return and rendering deportation a violation of the principle of non-refoulement. It also criticizes India’s discriminatory treatment of the Rohingya compared to other refugee groups, arguing this violates racial equality obligations under international law. The intervention calls on India to rescind the deportation order, uphold its commitment to protect vulnerable populations, and ensure compliance with human rights norms, thereby avoiding complicity in Myanmar’s systemic abuses.