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The J&K Chief Minister had said that Rohingyas got shelter in Jammu after international conventions were violated in Myanmar, and driving them out is wrong
A Rohingya refugee girl looks through a mesh window at a camp set up for the refugees on the outskirts of Jammu. File pic/AP
Chief Minister Omar Abdullah’s statement that Rohingyas in Jammu are living under international conventions and as UN-recognised refugees is factually incorrect and against India’s official position.
Top defence experts and former DGP Dr SP Vaid, while speaking with News18, have clarified that India has no agreement to give refugee status to Rohingyas and that, under Indian law, all foreigners without valid passports are treated as illegal migrants, on par with economic immigrants.
Omar Abdullah had said that Rohingyas got shelter in Jammu after international conventions were violated in Myanmar and driving them out like this is wrong. But experts say there is no such binding convention on India.
Omar Abdullah on Tuesday said, “This is a humanitarian issue. They are not here illegally. They got shelter after international conventions were violated. If you can send them back, send them. But till they are here, we cannot let them die of hunger or cold.”
But this claim does not stand on facts.
News18 spoke with prominent defence expert and former DGP of Jammu & Kashmir Dr SP Vaid on this issue.
Dr Vaid said, “India’s position on this is very clear. We have no agreement to treat Rohingyas as refugees. India does not register Rohingyas as refugees. UNHCR may give them cards, but the Government of India does not officially recognise those UNHCR cards. Under Indian law, all foreigners without a valid passport/visa are treated as foreigners, as illegal migrants, just like economic immigrants and tourists. What Omar Abdullah is saying is wrong.”
At A Glance
India does not register Rohingyas as refugees.
India is not a signatory to the 1951 UN Refugee Convention.
Around 40,000 Rohingyas are living in India, with UNHCR registering about 22,500.
The Government of India stated in May 2025 that UNHCR cards offer no protection from detention.
The MHA issued an advisory in 2017 to states to identify and deport Rohingyas as illegal immigrants.
Defence experts also said that India is not a signatory to the 1951 UN Refugee Convention. Therefore, the so-called international convention argument does not apply to India. The Government of India in the Supreme Court in May 2025 itself said that UNHCR cards offer no protection from detention and Rohingyas are liable to be dealt with under the Foreigners Act and the new Immigration and Foreigners Act, 2025.
According to MHA data, around 40,000 Rohingyas are living in India, out of which UNHCR has registered around 22,500 and given them identity cards. But those cards only help to get access to some basic services; they do not give legal right to stay in India.
Experts say Omar Abdullah’s attempt to link Rohingyas with Bangladeshis is also misleading. If a Bangladeshi is staying illegally, he is also an illegal immigrant. Rohingyas cannot be given separate treatment. Both are foreigners without valid documents.
The BJP has hit back strongly at Omar Abdullah’s humanitarian pitch.
BJP President for J&K Sat Sharma said that Rohingyas living in Jammu are a major security threat. Jammu is a border city, just a few kilometres from the Pakistan border. Their settlement here is not humanitarian; it is a political conspiracy.
Sharma said, “How can the Chief Minister defend Rohingyas? Intelligence inputs have time and again said that Rohingyas are involved in terror funding, drug peddling and changing demography. They have been found involved in illegal activities in Jammu, Hyderabad and Delhi. To give them water and electricity connections on humanitarian grounds when Jammu people face power cuts is appeasement.”
BJP has demanded a CBI probe into who brought Rohingyas to Jammu and settled them in colonies like Bhatindi, Sunjwan, Narwal, which are sensitive from a security point of view. BJP says in 2017, MHA had issued an advisory to all states to identify and deport Rohingyas as they are illegal immigrants.
It is worth mentioning that Omar Abdullah has been taking this stand since 2017. In 2017, when the BJP demanded their deportation, Omar had said that till 2014, in Unified Headquarters meetings, Rohingyas were never flagged as a security threat; this narrative came after 2014.
But security agencies refute it. They say threat assessment changes with time. In recent years, many Rohingyas have been found with fake Aadhaar and PAN cards and have been involved in human trafficking networks operating from the Bangladesh-Myanmar border to Jammu.
On the ground, Jammu Municipal Corporation has started a drive to disconnect illegal water and electricity connections of Rohingya colonies on the directions of MHA, after a verification drive found that many are living on encroached JDA land without any valid document.
But with the Chief Minister himself calling it a humanitarian issue and saying “we cannot treat them like animals, they are humans”, a clear Centre vs State confrontation is emerging over Rohingyas again.
Political observers say Omar Abdullah is trying to balance his vote bank, as his statement came just a day before INDIA Bloc’s Save Democracy rally in Jammu, where he will share the stage with Congress and PDP, both of whom have a soft corner for Rohingyas.
But the fact remains, as confirmed by Former DGP Dr SP Vaid and the legal position of the Government of India: India does NOT register Rohingyas as UNHCR refugees; India has no agreement to give them refugee status, and under Indian law they are treated as foreigners / illegal migrants, the same as economic immigrants.
So Omar Abdullah’s argument that international conventions give them the right to shelter in Jammu has no factual basis.
Quick Answers
Ask News18Under Indian law, all foreigners without valid passports or visas are treated as illegal migrants and economic immigrants. India is not a signatory to the 1951 UN Refugee Convention and does not officially recognise UNHCR refugee cards, meaning they offer no protection from detention under the Foreigners Act.
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Jammu, India, India
October 07, 2026, 02:07 IST
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