India sending 40,000 Rohingya back into storm of ethnic hatred 

In the face of allegations of gross human rights violations against Rohingya Muslims in Myanmar, this decision is not only a serious violation of customary international human rights law but also morally unpalatable.
Right-wing parties such as Shiv Sena have been demanding the deportation of the Rohingya since the beginning of the year, while some ruling Bharatiya Janata Party (BJP) lawmakers have echoed this demand in legislative assemblies.
On August 9, Deputy Minister of Home Affairs Kiren Rijiju confirmed that “the government has issued detailed instructions for deportation of illegal foreign nationals including Rohingya”, strategically refraining from using the term “refugees” for the Rohingya. It is pertinent to note that 16,500 Rohingya registered with the United Nations Refugee Agency (UNHCR) are also subject to the government’s deportation policy. Justifying the government’s stance, Rijiju deems these registrations to be irrelevant as India is not a signatory to the 1951 Refugee Convention.
Non-refoulement, a fundamental principle of international refugee law, states that no person should be returned to a country where they face persecution. That standard is accorded the status of Customary International Law and is thus binding in nature regardless of its ratification. Numerous human rights organisations have documented the xenophobic persecution of Rohingya in Myanmar, including denial of citizenship, killings and rapes, amounting to crimes against humanity. Considering these circumstances, deporting Rohingya who face imminent threat to life and liberty is a complete transgression of the principle of non-refoulement. 
We urge the Indian government to abandon any measures that would result in the deportation of vulnerable communities, like Rohingya facing imminent threat to their life and liberty, and respect international custom and laws on non-refoulement. Forum-Asia encourages the Indian government to ratify the 1951 UN Convention relating to the status of refugees, as recommended during the Universal Periodic Review of India, and reiterates that India maintains a refugee policy in conformity with international law standards.
Forum-Asia further encourages India, as a member of the United Nations Human Rights Council, to support the Council’s resolution for an international fact-finding mission to Myanmar, which was initiated in part after assessing the risks to Rohingya in the country.

FORUM-ASIA is a human rights group with 58 member organisations in 19 countries across Asia.