“We have done nothing wrong. Our villages were being burned, and we came here (India) to save our lives”, says Minara Begum (name changed to protect identity), a 45- year-old mother of three from Buthidaung, .
She and her family came to India for refuge in November 2012. Upon reaching a local railway station, they sought help from the police, but they were instead detained.
Minara has since spent 12 years in jails and detention centres in India. All these years, she was forcefully kept separated from her husband and her first child. Her youngest child, who was two months old when they fled Myanmar, is now 12 and does not know of a life outside of
Through the United Nations High Commissioner for Refugees (UNHCR), the Canadian High commission requested to interview Minara. But the Indian authorities denied their request to be interviewed either virtually or at the Detention Center for Resettlement in Canada, stating that the Government of India is not willing to allow them to seek asylum in a third country. This decision was upheld by the High Court.
From May to November 2024, The Azadi Project and Refugees International interviewed like Minara, their families, and lawyers, including a visit to a detention centre in India.
The investigation exposes details of violations of constitutional and human rights, highlighting the Indian government's “blatant disregard” for its international human rights commitments.
Rohingya refugees in India are detained in jail-like facilities across multiple locations, including Delhi, Jammu, West Bengal, Assam, Hyderabad, Bengaluru, Chennai, Kochi, Uttar Pradesh, and Bihar.
As of September 2024, the latest numbers available, UNHCR estimates that there are 676 Rohingya refugees in immigration detention centers across India, and 608 of them have no ongoing court cases or sentences pending.
Delhi has two ‘sewa kendras’ or detention centers — the Lampur Detention Center and the Seva Kendra in Sarai Rohilla, Shahzada Bagh. In Jammu, the Kathua Holding Center, previously Hira Nagar sub-jail, detains Rohingya refugees. It was reclassified as a holding center by the Jammu & Kashmir administration in March 2021. In West Bengal, hundreds of Rohingya refugees have been held for years at Dum Dum Central Jail.
stands as the largest, holding around 103 Rohingya detainees along with 171 others from Bangladesh and India.
Almost 50 percent of those detained are women and children, according to data collected by The Azadi Project and Refugees International from interviews and accessing detainee list data.
Key Findings of the InvestigationArbitrary and indefinite detention
During their visit to a detention center, the research team uncovered that many Rohingya refugees remain trapped in these centers despite completing their sentences or having no criminal charges against them.
Indian authorities often avoid labelling these places as detention centers, and the Ministry of Home Affairs' detention code is poorly enforced.
Inhumane and dire conditions
Speaking to the researchers, the detainees reported that there is a severe lack of basic sanitation and access to proper medical care.
The toilets often have water shortages, and the detainees are forced to use unclean toilets. Women detainees, past and present, reported severe reproductive and due to poor hygiene.
Furthermore, the absence of natural sunlight and exposure to indoor pollutants have led to respiratory problems, skin conditions, and even mobility issues like temporary paralysis.
Lily Begum's (name changed) lawyer to the researcher"Despite being severely paralysed by her age and health issues, the detention authorities pay no heed for her safety and health. She (Lily Begum, an 82-year-old detainee) is left unattended by the authorities, with mostly women detainees within the camp helping her with her basic bodily functions and needs."
Families forcefully separated
Men and women are housed in separate spaces in most detention facilities, which results in spouses being kept apart, despite it being a violation of fundamental rights and Article 21 of the Indian Constitution.
One detention officer interviewed for this report said that this is done, in part, to control population growth amongst detained Rohingyas.
Children are also routinely separated from one or both parents and sent to shelters or juvenile detention centers, often losing contact with their families for extended periods.
In one harrowing case, revealed in detainee interviews during a visit to a detention centre, two Rohingya children were separated from their parents and placed in different shelters while the parents were transferred between detention centers. When the parents requested reunification, authorities claimed they couldn’t locate the children.
Gender discrimination reinforced
Power dynamics within the detention centers reinforce gender power dynamic, because men and male children typically have larger spaces as opposed to women and girls who are limited to a tighter and more restrictive areas.
Physical and mental abuse
Apart from the loss of personal liberty, the trauma, violence, and inhumane conditions of indefinite detention severely strain detainees' mental health.
Documents from a detention center reveal that a regular supply of psychiatric medication remains a constant struggle. Detainees report anxiety, depression, and severe mental health issues, yet have no access to professional care.
Prolonged, indefinite detention under horrific conditions has left many Rohingya detainees in poor physical health as well, suffering from serious ailments like kidney stones, respiratory issues, and tuberculosis.
Despite repeated pleas for medical care, authorities rarely provide timely treatment or hospital visits.
Lack of Access to Legal Aid
Interviews with lawyers and detainees in the report suggest that there is minimal to no legal aid available to the Rohingya refugees inside detention centers.
As mentioned earlier, a majority of Rohingya refugees detained in immigration centers have no ongoing court cases or pending sentences.
A few non-profit organisations that provided legal aid to Rohingya refugees have had their foreign funding licenses [FCRAs - Foreign Contribution (Regulation) Act] revoked by the Indian government, significantly limiting their ability to offer support.
The situation is worsened by an increasing number of unfavourable legal decisions regarding the release or protection from deportation of detained Rohingya refugees, causing lawyers to hesitate in taking on these cases due to fears of adverse outcomes and potential consequences.
Deaths in Detention Centers
Since 2021, at least seven Rohingya refugees have died in detention, including the recent death of 75-year-old Lalu Bibi after 1,287 days in custody.
Speaking to the researchers, a former detainee recalled the tragic case of Hamida Begum, a young girl who died at the Shahzada Bagh detention center in Delhi after being denied medical attention until it was too late.
The death of a five-month-old infant in Jammu detention, after authorities used tear gas in an enclosed space, with the mother forced to attend her child's funeral in chains, further highlights the brutality.
With the Indian government treating Rohingya refugees as "illegal immigrants," there is no accountability for these abuses, whether the detainees live or die.The Way Forward
Addressing the crisis of detained Rohingya refugees in India requires a coordinated effort from the Indian government, influential nations like the US, the UNHCR, and civil society organisations.
The research authors underscore that this should focus on providing immediate relief, legal protections against arbitrary detention, and long-term solutions like integration or resettlement.
The Government of India must implement a legal framework treating all refugees equally and work with state authorities to release detained Rohingya, starting with those holding UNHCR cards.
Temporary legal status or refugee identification should prevent further detentions.
Urgently improving detention conditions, especially for vulnerable groups, and creating community-based shelters with access to education, healthcare, and vocational training should be prioritised.
Collaboration with international organisations can bring resources and expertise, while the US can leverage its influence to push for humane policies and expanded resettlement programmes.
Media and nonprofits can amplify the need for urgent action and long-term policy change.
