Abstract

GHOSE, Anuttama; BHARADWAJ, Sanjana  and  AAMIR ALI, S. M. Politics of Slaughter: A Critical Review of Constitutional Failure in Myanmar and India During Rohingya Crisis. Novum Jus [online]. 2023, vol.17, n.2, pp.251-277.  Epub Nov 22, 2023. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2023.17.2.10.

The Rohingya are a Muslim minority in Myanmar who have faced widespread discrimination and violence, forcing them to escape over the border into Bangladesh and India. Malnourished and stateless, they have to live in improvised camps. Recent ethnic confrontations in Myanmar's Rakhine (Arakan) State between Buddhist Rakhines and Muslim Rohingya have drawn international attention. It is as if a curtain has been pulled back to expose a horrible scar. The Rohingya Muslims were never included in the list of 137 ethnicities recognized by the Government of Myanmar, which has led to their lack of recognition as citizens of Myanmar and to their being subjected to torture and discrimination based on their ethnicity and religion. The Rohingya people have been persecuted for decades, and it is time for their cause to receive the attention it deserves. Without a deeper investigation into the origins of the Rohingya crisis, the future of this ethnic minority community seems bleak. There must be consequences for those who perpetrate, enable, aid, and abet such crimes. The international community must take action to protect the Rohingya, address charges of crimes against humanity, and ensure that atrocities and impunity do not go unchecked for another generation. In light of the political upheavals and constitutional breakdowns in Myanmar, this article attempts to shed light on the causes of such heinous abuses against the Rohingyas. The paper also attemps to examine the predicament of the Rohingya refugees by looking at the non-refoulment principles and other customary norms of international law in neighbouring countries such as India. The article then discusses the Indian government's position on defining the nationality of these refugees and offers recommendations for doing so.

Keywords : CAA (India); Citizenship; International Law; Rohingya; Statelessness; Nationality.

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