Government Against Refugees

To decide whether this reasonable restriction applies to the Rohingya scenario, the test for reasonableness must be taken. The essential requirements for this test are (i) a procedure established by law under which the encroachment can be accorded, (ii) the law should not suffer from evident arbitrariness as per Article 14, and (iii) there should be proportionality between the means adopted by the legislature and the object that is required to be fulfilled by law. The government of India has taken the view that it is necessary to deport the Rohingya as they are a “threat to national security”. However, contentions have not been substantiated for the reasonableness test (or in any cogent manner) and there is little evidence of the government’s claim. A few arguments have been made by the media, associating Rohingya refugees with the Bodh Gaya blasts, Khagragarh blast in Bardhaman in 2014, and Al-Qaeda’s Aqa Mujahideen, due to a solidarity expression given by terrorist organizations in favour of Rohingyas. To apply the reasonableness test, there is no proportional basis to deport more than 40,000 Rohingyas from India, who are bound to face inhuman torture in their own country.

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