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18-19 ISIL Y.B. Int'l Human. & Refugee L. 166 (2018-2019)
Rohingya Refugee Protection and Search for Durable Solutions: International Norms and India's Legal and Policy Response

handle is hein.journals/isilyrbk15 and id is 174 raw text is: 













  ROHINGYA REFUGEE PROTECTION AND
      SEARCH FOR DURABLE SOLUTIONS:
   INTERNATIONAL NORMS AND INDIA'S
          LEGAL AND POLICY RESPONSE

                           B.C.NIRMAL*

                                          Thou  were  not born  to die,

                                                     0  great teacher,

                                      Thy  glory will shine for ever**

                            ABSTRACT

      This article adopts a phenomenological approach  to test the
      strengths and weaknesses of international refugee law by under-
      taking a case study of the nature and extent of India's compliance
      with the relevant international law in the case of Rohingya refu-
      gees. Although essentially written from an India specific context,
      this article takes on broader significance by critically examining the
      existing international norms related to international refugee pro-
      tection and durable solutions to the refugee problems and by
      contextualizing them in reference to Rohingya in India and sug-
      gesting which one of three available options- local integration, re-
      settlement, and voluntary repatriation will be a viable mechanism
      to resolve the Rohingya controversy. As Rohingyas are not only a
      distinct historical and ethnic persecuted minority, they are stateless
      too. For this reason, the penultimate part of the study deals with
      statelessness in some detail. The last leg of this study purports to be

*   Former Vice-Chancellor, National University of Study and Research in Law, Ranchi;
    Former Dean, Faculty of Law, Banaras Hindu University. Secretarial assistance
    provided by author's grand daughter, Nimmi Shukla, a B.A. Hons. final year political
    science student of the Banaras Hindu University is acknowledged and appreciated.
**  This research piece is a humble tribute to the fond memories of late Prof. R.P.
    Dhokalia, former Secretary General ISIL, and former Head & Dean, Faculty of law,
    BHU. With his Codification ofPublic Int. Law, Manchester Univ. Press, which is a
    magnum opus on the subject and many scholarly books and articles on international
    law, human rights and democratic governance. Prof. Dhokalia made pioneering efforts
    to encourage the study and research in the field of international law in 1960s to
    1980s and left indelible imprints on legal education in this country. The author was
    fortunate to be his student during 1972-1974 and wrote his LLM dissertation on
    Most Favoured Nation Clause: Problems and Attempts at Codification under his
    able guidance and supervision.

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