India’s ‘pushback’ policy violates domestic and international law – but won’t face global censure

India’s “pushback” policy of forcing across the border individuals claimed to be undocumented migrants violates both domestic and international law, experts say.

Since India launched Operation Sindoor against Pakistan on May 7, it has “pushed” more than 2,000 people into Bangladesh, The Indian Express reported. At least 40 members of the Rohingya community have been deported to Myanmar even though many of them had cards issued by the United Nations High Commissioner for Refugees.

The legality of the “pushback” policy has been debated both in India and internationally.

But at home, the Supreme Court has not stopped the deportation of Rohingya refugees despite challenges to such actions pending since 2017. Internationally, there is unlikely to be pressure on India from other nations to stop this strategy since many Western nations also employ similar practices, experts say.

“The problem is that most of Europe and the United States are engaged in this,” said Ravi Nair, executive director of the South Asia Human Rights Documentation Centre. “So, who is going to bell the cat and say this is wrong when everybody is doing it?”

Human rights lawyer and writer Nandita Haksar agreed. “The Western states that are so vociferous in taking up human rights” also push refugees back from their shores, she said. “Therefore, it would...

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