Políticas de masacre: una revisión crítica del fracaso constitucional en Myanmar e India durante la crisis de los Rohingya
| Autor | Anuttama Ghose / Sanjana Bharadwaj / S. M. Aamir Ali |
| Cargo | Assistant Professor, Dr. Vishwanath Karad MIT World Peace University, School of Law, Pune, India. / Assistant Professor, Dr. Vishwanath Karad MIT World Peace University, School of Law, Pune, India. / Assistant Professor, Symbiosis Law School, Pune, Symbiosis International (Deemed University) Pune, India. |
| Páginas | 251-277 |
Politics of Slaughter: A Critical Review
of Constitutional Failure in Myanmar and
India during Rohingya Crisis
Anuttama Ghose /
Sanjana Bharadwaj / S. M. Aamir Ali
Código: 860218414 • Autor: istockphoto.com
How to cite this article [Chicago]: Ghose, Anuttama, Sanjana Bharadwaj and S.
M. Aamir Ali. “Politics of Slaughter: A Critical Review of Constitutional Failure in
Myanmar and India During Rohingya Crisis.” Novum Jus 17, no. 2 (2023): 251-277.
https://doi.org/10.14718/NovumJus.2023.17.2.10
253
NOVUM JUS • ISSN: 1692-6013 • E-ISSN: 2500-8692 • Volumen 17 No. 1 • 2 • Mayo-agosto 2023 • Págs. 251-277
Politics of Slaughter: A Critical Review of Constitutional
Failure in Myanmar and India during Rohingya Crisis
Anuttama Ghose*
Sanjana Bharadwaj*
Dr. Vishwanath Karad MIT World Peace University (Pune, India)
S. M. Aamir Ali***
Symbiosis Law School, Pune, Symbiosis International (Deemed University) (Pune, India)
Received: April 16, 2023 | Evaluated: May 23, 2023 | Accepted: May 23, 2023
Abstract
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 dening the nationality of these refugees and offers recommendations for doing so.
Keywords: CAA (India), Citizenship, International Law, Rohingya, Statelessness, Nationality
https://doi.org/10.14718/NovumJus.2023.17.2.10
*
Assistant Professor, Dr. Vishwanath Karad MIT World Peace University, School of Law, Pune, India.
anuttama.ghose@mitwpu.edu.in. ORCID: https://orcid.org/0000-0002-7210-4074. Scopus Author ID: 57820082600.
**
Assistant Professor, Dr. Vishwanath Karad MIT World Peace University, School of Law, Pune, India.
sanjana.bharadwaj@mitwpu.edu.in. ORCID ID: https://orcid.org/0000-0003-1370-7572
***
Assistant Professor, Symbiosis Law School, Pune, Symbiosis International (Deemed University) Pune, India.
smaamir@symlaw.ac.in. ORCID ID: https://orcid.org/0000-0002-8686-0217. Scopus Author ID: 57807026800
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