A Rohingya education for the race to the bottom in Indian politics

ON December 25, 2025, the Chief Minister of Delhi, Atishi Marlena, had a special message for the migrant children, particularly Rohingya children living in her state.She wrote in Hindi on X, “On one side are the BJP [Bharatiya Janata Party] people who bring Rohingyas to Delhi by making them cross the border from Bangladesh and give them EWS [Economically Weaker Section] flats and facilities meant for Delhiites.On the other hand, there is the Aam Aadmi Party [AAP] government of Delhi which is taking every possible step to ensure that the Rohingyas do not get the rights of Delhiites. Today, the education department of the Delhi government has passed a strict Order that no Rohingya should be given admission in the government schools of Delhi.We will not let the rights of the people of Delhi be taken away!” (translated to English from the original Hindi post)To understand the background of this particular message, it is important to remember that the Delhi legislative assembly elections are just around the corner. And like all elections in India, this election too, shall be contested on the foundation of hate and misinformation against the disenfranchised and poor, particularly belonging to the Muslim community..One can barely forget the recent distasteful and inhuman advertisement by the BJP during the Jharkhand elections in which they directly attacked poor Muslim workers, especially cotton carders to represent dark animalistic living standards.However, what particularly stood out was the vilification of poor Muslim children in the advertisement. Indeed, the Election Commission of India pulled down this advertisement and disallowed its dissemination. However, the damage done remains irreparable..The year that was—4 | The long road to justice for a stateless refugee: Ahmed Almakki.Contemporary Indian elections are using the poor and the most vulnerable people in society as fodder for their hateful political campaigns. Even children are not exempt from such cruel attacks.Atishi’s message on X explicitly denying the basic right to education to a certain class and community of children demonstrates that viciousness that has compelled the collective Indian political conscience to stoop so low.Yet, one must always remember that targeting children and women is a reflection of one's own cowardice and weakness. Therefore, Atishi’s message may have much for Indian society to reflect upon.In this message by Atishi, she claims that “Rohingya children” living in Delhi shall not be entitled to education. Her quest, she states, is not to allow the rights of Delhiites to be taken away by others. She further goes on to share that the education department of her AAP government in Delhi has apparently passed strict Orders to this effect..On the other hand, there is the AAP government of Delhi which is taking every possible step to ensure that the Rohingyas do not get the rights of Delhiites..Throughout her message, Atishi uses the terms “Bangladeshi” and “Rohingyas” interchangeably. However, a close reading of the official state government Order shared in the post reveals something else.While problematic and with its own legal gaps, the Order has no mention of Rohingyas. The entire post and the message, therefore, remain an exercise in creating animosity amongst communities and spreading misinformation.Clearly, as the Delhi elections proceed closer, we brace ourselves for another continued campaign filled with hate, lies, communal slurs and, invariably, attacks on the displaced Rohingya community.The circular in contextThe circular shared by the Delhi government on December 23, 2024 states that schools must ensure strict admission procedures, verification of students’ documentation to prevent “illegal Bangladeshi” migrants’ enrolment, and implementation of greater scrutiny to detect and prevent unauthorised admission of “illegal Bangladeshi migrants” in particular..The subtle art of differentiating between a theocracy and a secular democracy.Legally speaking, this circular is not sustainable in accordance with the Constitution of India. The AAP government in Delhi may need a reminder that the right to education as a fundamental right is not just guaranteed to all citizens of India but to every single person within the territory of India.Therefore, even if someone is admittedly an ‘illegal migrant’ by the definitions of the Foreigners Act, 1946, as long as they are in India, they are entitled to education between the ages of 6 and 14 as a matter of right. No circular of a state government may take such a right away.Perhaps, this is why the circular is also worded in a manner that it seems more about “verification of documents” which may include any document issued in India or abroad and the prevention of “unauthorised admission” which leaves the matter rather vague.On the face of it, there is no updated scrutiny or instruction to explicitly deny admission to even “illegal Bangladeshi migrants”.Therefore, in the absence of properly defined instructions and proper legal definitions, this circular is nothing more than substandard populist rhetoric to fuel the upcoming storm of misinformation and hate speech against the migrant communities living in Delhi..Throughout her message, Atishi uses the terms “Bangladeshi” and “Rohingyas” interchangeably..Are Rohingyas Bangladeshi?If our politicians, particularly those with a Rhodes Scholarship and erudite degrees in history from Oxford University (as Atishi has), were being honest, this particular piece would not be necessary. They can indeed provide a lesson or two on the history of migration of the Rohingya community.The Rohingyas are a Bengali origin, primarily Muslim community, who migrated from India as workers to Myanmar during the British colonial rule.Over the years, with the growing disturbances and changing political landscape of Myanmar, Rohingyas have gradually been denied access to any citizenship or identity documents.They have been rendered as Stateless people, which means that they do not officially have the recognition of any country in the world as their citizens. In Myanmar, Rohingyas have been forcibly retained in the Rakhine state, which essentially serves as an open detention and labour camp for the Rohingyas..In the Gaza genocide, UN has suffered an irreparable loss of reputation.There have been several reports of torture, including gang rapes, sodomy, and burning of villages, human beings and cattle. Between 2016 and 2017, approximately 9,000 Rohingyas were brutally killed.Children were impaled on steel rods and thrown into fires, adults were shot, and entire villages were set ablaze by the Myanmarese military. The persecution of the Rohingya refugee community has been noted as a “textbook example of ethnic cleansing” by the United Nations Organisation in 2017.Reports from the United Nations, various international organisations, and the media indicate that the genocide against the Rohingyas in Myanmar has escalated further since the 2021 coup d’état.Naturally, several Rohingyas, particularly women and children, have been compelled to flee Rakhine state amidst immense threats to their lives and bodies. Many of them have been raped and impregnated on the way.Escape from the Rakhine state is not easy either. The Burmese military guards the borders and the Naff River which connects Myanmar to Bangladesh. On the other bank of the river, the border is guarded by Bangladeshi guards..The right to education as a fundamental right is not just guaranteed to all citizens of India but to every single person within the territory of India..Rohingyas either take a boat though they often swim across the river or wear a rubber tyre to prevent themselves from drowning. They are often met with indiscriminate shooting by border guards.Those who survive are either forced back to Myanmar and tortured or are able to somehow reach the refugee camps of Bangladesh after walking several kilometres on foot. Bangladesh hosts the largest refugee camp in the world at Kutupalong in Cox’s Bazar, where many Rohingyas live.Rohingyas and the India connectionMost Rohingya women have been trafficked at some point in their lives. Yet, most of them choose to remain silent regarding their story, particularly that of sexual violence because of the immense patriarchal arrangement of the Rohingya community at large..The UNHRC concluding observations do not allow for semantics.These women and children reach India through trafficking with promises of better living standards, marriage and safety from their traffickers. Yet, upon reaching the country, they are faced with a stark reality of further sexual abuse, forcible nonconsensual prostitution, marriage with older men, domestic abuse and the monster of arbitrary and indefinite civil administrative detention.Arbitrary and indefinite civil detention in DelhiIn the Northwestern suburb of New Delhi— at Shahzada Bagh— is a ‘detention centre’ where Rohingyas awaiting deportation are housed. Most of these Rohingyas hold the United Nations High Commissioner for Refugees (UNHCR) refugee card which has been granted to them after several rounds of “refugee status determination” process.According to the Standard Operating Procedure (SoP) dated March 20, 2019 circulated by the Union home ministry, all foreigners “claiming to be refugees” must be first assessed on the basis of whichever document is available to them, whether issued in India or abroad.Further, the SoP also defines the term “refugee” as one who has a well-founded fear of persecution on account of race, religion, sex, nationality, ethnic identity and membership of a particular social group or political opinion.The SoP is very clear about the process that is to be followed prior to detaining a person. It involves an elaborate statement from the foreigner regarding the circumstances under which they left their country of origin and a subsequent evaluation of the general perceived conditions in the home country of the people belonging to the community of the foreigner in question.However, as was exposed in the documents submitted by the Foreigners Regional Registration Office (FRRO) in the case of Sabera Khatoon versus FRRO and Ors, no such evaluation appears to have been conducted by the ministry before detaining Rohingyas.In fact, only when the court demanded information regarding the evaluation was the ministry even bothered to get a “personal data form” filled up by the detained person in question, after nearly three years of her detention..The lifeless clause: Refugees and Article 21 of the Indian Constitution.The form did not even have the utterance of the word— persecution. Similarly, quite apparently, most of these detention at Shehzada Bagh are in violation of the procedures established by law.Rohingya detention and the tug of war between the Centre and the Delhi governmentIn the case of Sabera Khatoon versus FRRO and Ors, a joint inspection by the FRRO and the Delhi Urban Shelter Improvement Board (DUSIB) was ordered to be conducted in the Shehzada Bagh detention centre.It was probably the first ray of sunlight that exposed the horribly degrading and inhuman living conditions. The report exposed that there was no facility of warm water for use even during the harsh winters of Delhi.The report further exposed that the detainees did not have even basic access to clean pillows, mattresses and bedding inside the detention. The toilets were so unclean that they were practically unusable. Of course, the deeper rot was still yet to unfold.The Delhi Urban Shelter Improvement Board under the Delhi government administration is supposedly in charge of maintaining the building as a shared responsibility arrangement with the FRRO, which falls under the Union home ministry.However, in their counter affidavit before the court, they denied any responsibility towards the detention centre tooth and nail. In fact, it was only after the Delhi High Court ordered the immediate reconstruction of the dilapidated toilets in the detention centre that they reconstructed proper and usable toilets inside the detention centre..On the face of it, there is no updated scrutiny or instruction to explicitly deny admission to even “illegal Bangladeshi migrants”..Regarding laws that govern detention centres in IndiaIt shall be relevant to mention herein that detention centres in India are governed by the Model Detention Manual, 2019 and also the Prison Manual, 2019.According to this manual and the laws therein, it is mandatory that detention centres have not only hygienic conditions including basic facilities such as electricity, clean drinking water, beds, sufficient and clean toilets, communication facilities and nutritious kitchens but also necessary play areas for children, recreation facilities including television and newspapers, and open, ventilated spaces for free physical movement..Land, democratic protests and 'unlawful' activities: Recovering democratic protest in Chhattisgarh.In accordance with the provisions of the Constitution and the Right to Education Act, 2009, children in detention are entitled by law to be sent to local schools and to obtain education at the same standard as that of any other child in the country.It is also mandatory that nursing mothers, children and the sick must be given special attention and all detainees must be treated with human dignity.These directives are also in line with the fundamental right to life and personal liberty that includes the right to human dignity health and human dignity under Article 21 of the Constitution of India and are available to every person within the territory of India including noncitizens and indeed “illegal migrants” or even the worst kind of criminal or antisocial person for that matter.Yet, in the case of the Rohingyas in detention, the utilisation of this legislation or rights remains a cruel joke.Shadiya Akhtar—Right to health and personal libertySabera Khatoon’s sister, Shadiya Akhtar, who is in detention at the Shahzada Bagh detention centre was ordered by the High Court of Delhi to be hospitalised for a couple of days for a thorough check-up.This is when she was diagnosed with Hepatitis C. However, it was not until an Order was passed by the court in the case that Shadiya Akhtar was given adequate medicines to treat her condition..The Rohingyas are a Bengali origin, primarily Muslim community, who migrated from India as workers to Myanmar during the British colonial rule..Fortunately, however, after the Supreme Court nudge, she was treated and ultimately cured of Hepatitis C. Indeed, the Supreme Court Order saved the life of Shadiya Akhtar.Shadiya Akhtar could be saved because she had a sister, a family and, more importantly, legal representation. Not everyone in the detention centre can reach the courts to save their lives.Hamida Begum— nobody’s childHamida was trafficked to India and detained as a minor at the age of 12 despite holding a UN refugee card. It has been reported that Hamida was kidnapped and trafficked from her refugee camp in Bangladesh by traffickers who promised her a better life and safety in India.Hamida’s mother— Rojiya Begum— received an unsettling call a few days later in which she was informed that Hamida was found along with her traffickers and that she was being detained in New Delhi, India. She did not attend school in India and was housed in the Shehzada Bagh detention centre awaiting her deportation back to Myanmar..How the State uses ‘national security’ to spellbind the process of justice.Hamida never had a chance to present her case as a survivor of human trafficking and as a refugee. She remained in detention as an unaccompanied minor without her parents in the Shehzada Bagh detention centre.She was being detained indefinitely, while Rojiya repeatedly followed up with the UNHCR and their allied organisations regarding her reunion with her daughter and the safety of Hamida. Rojiya saw no success.To the utter shock and dismay of Rojiya, Hamida died all of a sudden in 2024. Till date, the reason of her death is not known and no autopsy or medical documents have been officially received to understand the real reason behind her death.Detainees who were housed with Hamida have revealed that perhaps Hamida, who was a perfectly healthy child, was given medicines that she was not supposed to take.As reported by Sarah Azia in The Telegraph, Robi Alam, another detainee who was at the Shehzada Bagh detention centre at the same time when Hamida died, stated that the night before her death, Hamida was seriously unwell.She complained of urine retention, she had fever and was also throwing up. Robi Alam was allegedly with Hamida that night when she was taken to a nearby dispensary and the doctors therein had prescribed that she be urgently shifted to a bigger hospital for urgent care..Over the years, with the growing disturbances and changing political landscape of Myanmar, Rohingyas have gradually been denied access to any citizenship or identity documents..Yet, she was forcibly sent back to the detention centre where she finally died after crying and screaming in pain and begging to meet her mother for several hours throughout the night.Her body was released for burial in accordance with Islamic rituals after nearly three weeks of her death. The Telegraph also reports that Hamida’s death was used as an example against the Rohingya refugees who were litigating against indefinite detention in the courts. Therefore, out of horror, they immediately cut off from their lawyer and stopped all litigation.The X message of Delhi governmentSo much has happened on the issue of the Rohingyas in Delhi in the last couple of years. And there remain so many unanswered questions which definitely cannot be answered without the cooperation and political will of the executive..Monsoons set to add the torment of high humidity to the woes of intense heat of prisoners.In 2021, the Supreme Court of India had passed an interim Order allowing deportations of Rohingyas back to Myanmar subject to the adherence of due process established by law.However, as was exposed in the case of Sabera Khatoon, due processes are not being followed at all. Further, in the case of Sabera Khatoon versus Union of India, the Supreme Court of India very clearly distinguished the issue of deportation from indefinite detention.Essentially, deportation is not possible until the country of origin in this case, accepts that the person in detention is their citizen and arranges for all travel documents for their safe return.Yet, in case of the Rohingyas, such acceptances are only a matter of wishful imagination as the entire crisis is that Myanmar refuses to accept Rohingyas as their citizens.In fact, in the case of Shadiya Akhtar, the Myanmar embassy had sent an official communication to the Ministry of External Affairs in India declaring that Shadiya Akhtar is not their citizen and that she has never lived in Myanmar. This made Shadiya Akhtar officially Stateless like several other Rohingyas.The Delhi government should rather be concerned about the kind of violations and abuses that are going on in the detention centre at Shahzada Bagh in Delhi. Women, girls and children, who are apparent victims of trafficking, are being kept in further confinement and are being re-victimised without any support in education or mental health to rebuild their lives..Shadiya Akhtar could be saved because she had a sister, a family and legal representation. Not everyone in the detention centre can reach the courts to save their lives..These Rohingya children who are growing up in India without education are the responsibility of India as long as they are here. They have no future, no ambition, no scope and not even recognition as human beings to look forward to.When indeed they either return to Myanmar or get resettled elsewhere, what shall be their future? How can these children even survive as human beings or create a healthy future for themselves without their right to education?.Explained: The Supreme Court’s judgment against 24/7 surveillance as a bail condition.That kind of dehumanisation going on right under the nose of the Delhi government administration, which prides itself in its policies on education, women’s rights and healthcare is, therefore, an absolute discredit and an unmitigated shame.If the Delhi government is indeed so concerned about the Rohingya problem, it must insist that the Union government takes up this issue within the prism of international law and diplomacy.The Constitution of India is a document that also has a vision of the character of India’s political conscience. Our administrative laws certainly do not envisage messages as posted by Atishi on X, which are scarred with the blood of Rohingya children and girls like Hamida.This message is an utter disrespect to the Indian constitutional value system and our collective political conscience at large. Unfortunately, one cannot help but fear that this is just the beginning of the barrage of similar messages that not only humiliate and demean the Rohingya community but also put our patience and civility to the test..Detainees who were housed with Hamida have revealed that perhaps Hamida, who was a perfectly healthy child, was given medicines that she was not supposed to take..Contemporary political campaigns in India have become a tragic competition of vulgarity and insolence. Ostensibly, Atishi is attacking the policies of the Union government on X. However, a closer scrutiny shall only uncover that she is shouting the Union’s stand on the Rohingyas louder in an attempt to sound more like them.This state government does not have the courage to raise questions on accountability, legality and constitutionality. It is not only a shame on the lowered standard of decency of contemporary Indian politics but also an immense disservice to the publicly funded education that the Chevening and Rhodes scholars-turned-ministers boast of.Perhaps, the deprived and oppressed Rohingya children could use this education better than these politicians who seem to have forgotten the real purpose of their jobs.

A Rohingya education for the race to the bottom in Indian politics

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