As the Narendra Modi government in its affidavit to the Supreme Court recently stated its plans to deport around 40,000 Rohingyas now staying in different parts of the country, the United Nations High Commissioner for Refugees (UNHCR) said that India was bound by law not to deport the refugees.
It had excluded Muslim refugees, from the Rohingya Community in Myanmar that fled persecution, from the class of foreigners who are granted exemption from the application of provisions of the Foreigners Act, 1946 and the Passport (Entry into India Rules), 1950.
"Let one thing be clear: the present Rohingya crisis is not comparable to the East Pakistani refugee crisis that we faced in 1971 when there was persecution on the basis of language - of Bengali-speaking people".
The affidavit came in reply to the government stand that they were illegal immigrants who must go back to their own country.
India has sealed its maritime boundary to prevent Rohingya refugees from entering into the country. It is time to seal the borders and make it hard for illegal immigrants to cross over because it ultimately means that Indians have to share scarce resources with non-citizens.
Addressing a seminar organised by the National Human Rights Commission (NHRC), the home minister said, "The Rohingyas are not refugees".
Home minister Rajnath Singh on Thursday said Rohingyas are not refugees, nor have they taken asylum.
More than 420,000 members of the Muslim minority have fled Myanmar for the safety of neighbouring Bangladesh.
"It has also been found that many Rohingya figure in the suspected sinister designs of Islamic State and other extremist groups who want to achieve their ulterior motives in India including that of flaring up communal and sectarian violence in the sensitive areas of the country", read the draft.
Sources in the government told Zee Media that the Pakistan-based terror groups are trying to recruit the young Rohingyas and train them in militancy.
However, he also admits that there is a contradiction in India accepting the humanitarian aspect of the Rohingya refugee flows when it comes to Bangladesh but not accepting the same logic when it comes to India.
The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, did not issue notice to the National Human Rights Commission (NHRC), which is already seized of the matter and had on August 18 issued notice to the Centre.
World leaders meeting at the United Nations in NY this week will address the Myanmar government's ethnic cleansing campaign against its Rohingya population.
The next hearing on the issue before the apex court is scheduled for October 3.
Meanwhile, Myanmar's de-facto leader Aung San Suu Kyi has said that the country would take back verified refugees. Neither is it a signatory to the various United Nations conventions on refugees. "In addition, India is party to major global human rights instruments such as the worldwide Covenant on Civil and Political Rights, Convention on the Elimination of All Forms of Discrimination against Women and Convention on the Rights of the Child".