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BSF pushing back refugees at border, Rohingya tell Supreme Court

BSF pushing back refugees at border, Rohingya tell Supreme Court

He said it was not the complaint of petitioners that the refugees were being sent back and the government was taking diplomatic steps to solve the problem. The law officer Tushar Mehta's assertion was a response to the petitioners alleging that border guards in the eastern part of the country, armed with stun guns and chilly spray, were pushing back the refugees right at the border.

The National Human Rights Commission (NHRC), through counsel Gopal Subramanium said that refugees had a right to approach the court for securing their basic rights such as education and the court should hear them.

(G.N.S) Dt. 31 New Delhi A plea was being presented before apex court to seek concern about BSF was stopping Rohingya muslim refugees from entering India. "Don't want India to become a refugee capital", Mehta remarked.

The two applicants earlier filed a petition demanding that Rohingya refugees who had entered India following the crackdown in Rakhine should not be deported. Under this global customary law, no refugee can be forced to go back to the country where they are subjected to persecution.

This was illegal, Bhushan contended, as this was contrary to the worldwide principle of non-refoulement which states that refugees or asylum seekers shall not be forced to return to a country in which they are liable to be persecuted.

Senior advocate Prashant Bhushan, the counsel for the Rohingya petitioners, pointed out that it was against India's worldwide and humanitarian commitments to welcome refugees fleeing persecution from Myanmar with violence.

"People from every other country will flood our country", the additional solicitor general, who is representing the government, said on Tuesday, adding that the court could not intervene in the matter at present as there was no contingency, The Hindu reported. At this, the court said that the word "welcome" may be an exaggeration but there is a policy decision to that effect.

Previously on January 16, Bangladesh and Myanmar have agreed that the repatriation of Rohingya refugees on Bangladeshi territory will be completed within two years of the process beginning, the Bangladesh Foreign Ministry said on Tuesday.

Bhushan also referred to a notification issued by the Centre, saying all the communities except Muslims, who faced persecution in their country were welcome to come here.

It has to be determined whether he or she is a refugee, Mr Dhavan said, arguing that even as the government deals with this situation diplomatically, "the court should also decide on its own".

The CJI-led bench had, earlier, dismissed the appeal of government to allow the matter to be handled exclusively by the executive.

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