The Nexus of Hindu Nationalism, Democratic Governance, and Refugee Rights: A Case Study of Rohingya Refugees in India
Article by Monika Verma
Abstract:
The paper scrutinizes the intricate relationship between Hindu nationalism, democratic governance, and refugee rights, with a spotlight on the Rohingya refugees in India. India’s democratic framework, grounded in principles of equality and justice, coexists with the rise of Hindu nationalism, posing unique challenges for refugee rights protection. The Rohingya refugees exemplify these complexities, facing varying responses amidst heightened nationalist sentiments. Government policies oscillate between humanitarian gestures and security concerns, reflecting the influence of Hindu nationalist ideologies. Civil society’s advocacy is a critical counterbalance, emphasizing the importance of upholding constitutional values and international obligations. Moreover, the absence of a regional refugee law framework exacerbates challenges in the broader South Asian context. Despite these hurdles, India’s democratic institutions offer avenues for legal reforms, enhanced accountability, and inclusive dialogue, fostering greater refugee protection amidst conflict zones.
Keywords: Hindu nationalism, Rohingya, refugee rights, democratic governance
Header Image by Thanumporn Thongkongkaew is licensed under an iStock
Introduction
The convergence of Hindu nationalism and democratic governance in India presents a paradoxical landscape for refugee rights, particularly amidst the Rohingya refugee crisis. As India grapples with the tension between its democratic principles and nationalist ideologies, the plight of Rohingya refugees illuminates the complexities inherent in navigating refugee rights protection within this context.
Hindu nationalism, which emphasizes the cultural and religious identity of Hindus in India, has significant implications for refugee rights in various contexts. Hindu nationalist sentiments have implicitly or explicitly influenced the Indian government’s approach toward refugees or asylum seekers. For instance, amidst the turmoil of the Sri Lankan civil war, numerous Tamil refugees sought asylum in India (Hans, 1993), and while Tamil refugees were welcomed, others such as Muslim refugees from Bangladesh and Myanmar faced challenges due to their ethnicity and religion (Rajan, 2022). Within India, Hindu nationalist groups have advocated for the rights of Hindu refugees from Bangladesh, who fled persecution based on their religion (Jayal, 2019). They argue for India’s duty to shelter fellow Hindus, stressing religious solidarity. However, this position has faced criticism for its exclusionary nature, discrimination toward non-Hindu refugees, and promoting a narrow concept of who merits protection (Jayal, 2019).
Similarly, Hindu and Sikh communities from Afghanistan, fleeing persecution by the Taliban, have sought refuge in India. While Hindu nationalist organizations have supported their cause, the response remains intricate. The Indian government has granted some Afghan Hindu and Sikh refugees long-term visas, yet integration and legal challenges persist (Chandrachud, 2020). In the case of refugees from Myanmar such as Chin, Chakma, and Rohingya communities, Hindu nationalist sentiments have strongly influenced India’s response. While some have obtained refugee status, bureaucratic hurdles, and political considerations complicate the situation for others (Chakma, 2015).
The Indian government’s approach was implicitly or explicitly influenced by Hindu nationalist sentiments, resulting in a mixed reception for the refugees. While some found acceptance, others encountered obstacles due to their ethnicity and religious background. Political factors played a significant role in shaping the government’s stance. Those recognized by the Indian government receive more significant support such as Tibetan refugees and Sri Lankan refugees, but UNHCR (United Nations High Commissioner for Refugees)-registered refugees face daily challenges such as Rohingya refugees (Foundation London Story, 2021).
Hindu nationalism tends to prioritize the rights of Hindu refugees, often framing them as victims of religious persecution. However, this approach can marginalize non-Hindu refugees, leading to unequal treatment. The situation of Rohingya refugees in India is a prime example of this issue. Critics argue that refugee rights should be based on humanitarian principles rather than religious identity. Hindu nationalism shapes India’s refugee policies, but its impact varies depending on political dynamics, regional context, and the specific refugee group. Balancing religious solidarity with broader humanitarian concerns remains a challenge.
Methodology
This study uses a qualitative research design to explore how Hindu nationalism affects democratic governance and refugee rights in India, focusing on the Rohingya refugee crisis. A case study approach provides an in-depth look at these issues. Data collection involves analyzing legal and policy documents, media reports, and NGO publications, as well as conducting semi-structured interviews with Rohingya refugees in 2021. Ethical considerations include obtaining informed consent, ensuring confidentiality, and conducting interviews respectfully. This methodology aims to elucidate the impact of Hindu nationalism on democratic governance and refugee rights in India, with broader implications for South Asia.
Hindu Nationalism and Democratic Governance
The rise of Hindu nationalism in India, epitomized by the ascendancy of the Bharatiya Janata Party (BJP) and its affiliated organizations, has reshaped the political landscape. While democratic institutions remain intact, the influence of Hindu nationalist ideologies poses challenges to pluralism, secularism, and minority rights (Varshney, 1993). This ideological backdrop significantly impacts the government’s approach to refugee rights protection.
The Bharatiya Janata Party (BJP), a party rooted in Hindu nationalism, came to power in India in 2014 under the leadership of Prime Minister Narendra Modi. The BJP’s rise signalled a shift toward a muscular, pro-Hindu brand of nationalism (Hansen, 1996). The BJP claims to create a polity based on “ancient” Hindu culture (Hansen, 1996). While India’s constitution initially aimed for a “principled distance” between religion and the state, this line has blurred over time (Vaishnav, 2019). India’s secular politicians often championed secularism but opportunistically manipulated religion for political gain. The BJP accused the incumbent Congress Party of practicing “pseudo-secularism” and favoring minority communities over the Hindu majority (Hansen, 1996). This ideological clash shaped the political landscape and influenced democratic governance.
Modern Hinduism proved receptive to democratic ideals. Democracy provided a plausible solution to the riddle of authority within Hinduism during reform efforts. The blending of Hinduism and democratic principles allowed for a dynamic relationship between religion and governance (Mehta, 2004) and impacted India’s democracy and societal fabric (Hansen, 2014).
Under Prime Minister Modi’s leadership, the BJP has won three consecutive elections based on four pillars, according to Thomas Blom Hansen (2014):
– Hindutva: The BJP’s Hindu nationalist ideology
– Welfare and Development: An agenda focused on economic progress
– Hyper-Nationalism: A strong emphasis on national pride
– The Modi Brand: Personal charisma and leadership style
The interplay between Hindu nationalism and democratic governance in India shapes policies, societal dynamics, and the nation’s future. It also influences the BJP’s stance on refugee issues. This complex intersection sheds light on India’s response to the Rohingya crisis and its implications for refugee rights and democratic values. The political response of the Bharatiya Janata Party (BJP) to the Rohingya refugee crisis is a prime example of this issue (Georgekutty, 2024). Balancing religious identity with democratic principles remains a critical challenge for India’s pluralistic democracy.
Rohingya refugees in India
Against the backdrop of Hindu nationalism, the Rohingya refugee crisis emerges as a focal point of contention. The Rohingya are one of the most persecuted minorities globally, facing violence and discrimination in Myanmar (Kaveri & Rajan, 2023). Sectarian riots and state-sponsored violence have forced hundreds of thousands of Rohingya to flee their homes and seek refuge elsewhere (Sahoo, 2017). Despite its democratic credentials and humanitarian record, India’s response to the Rohingya crisis has been muted. India’s refugee policy toward the Rohingyas is influenced by factors such as the economic interests of China in Myanmar, India’s bilateral relations with Myanmar, security concerns, and geopolitical dynamics (Kamdar, 2018).
Fleeing persecution in Myanmar, some of the Rohingya refugees have sought sanctuary in India, eliciting varied responses from the government and society. An estimated 40,000 Rohingyas reside in India, with many living in slums and detention camps (Verma, 2022). Despite India’s history of providing refuge to different groups and endorsing the Global Compact on Refugees, Rohingya refugees are officially labeled as ‘illegal migrants’ (Verma, 2022). Because of that, they face restrictions on freedom of movement, access to education, basic health services, legal assistance, and formal employment opportunities. Moreover, lack of documents hinders access to basic facilities like healthcare, education, and employment.
The situation of Rohingya refugees has been complex and challenging, particularly under the influence of Hindu nationalism (Sullivan & Sur, 2023). While India respects the UN Refugee Convention, the treatment of Rohingya refugees has been inconsistent. It has often been criticized as ‘selective treatment’ in the asylum of refugees (Singh, 2022). Most of the Rohingya have been provided with refugee cards by UNHCR, but many remain vulnerable. Anti-Muslim and anti-refugee sentiments are growing, and Rohingya refugees live in constant fear of detention and deportation. This lack of empathy and humanitarianism is not something expected from a rising pro-democracy international power (Sahoo, 2017).
The government’s policies reflect a delicate balancing act between humanitarian assistance and national security concerns, often influenced by nationalist rhetoric. Balancing national security concerns with compassion for vulnerable refugees is a delicate task. India’s response to the Rohingya crisis reflects this tension, and thus, impacts their stay and well-being (Sandhu & Sebastian, 2022).
In 2022, Union Housing Minister Hardeep Singh Puri announced that Rohingya refugees would be shifted to flats available for economically weaker sections (EWS) (Haidar & Singh, 2022). However, the Ministry of Home Affairs clarified this EWS flats controversy that no such directive was given. The Rohingya live in hutments in Delhi and other states of India, facing challenges related to housing and basic amenities (Singh, 2022). Over the past decade, the Hindu-nationalist government has eroded the fundamental rights of Rohingya refugees. Due to the erosion of rights, access to work, education, shelter, sanitation, healthcare, and human dignity have been impacted (Kinseth, 2019). Additionally, Hindu nationalist groups have accused Rohingyas of being agents of Islamic terrorism (Foundation London Story, 2021). This religious stigmatization further victimizes them and affects their stay and livelihood.
Hindu nationalist sentiments often implicitly or explicitly influenced India’s approach to refugee integration. While India has provided refuge to some Bangladeshi Hindu refugees, its treatment of Rohingya refugees remains inconsistent. Strategic interests seem to guide India’s response, overshadowing broader humanitarian concerns (Kaveri & Rajan, 2023). Balancing humanitarian principles with political considerations is crucial for their well-being and integration.
In sum, the Rohingya case exemplifies how Hindu nationalism, democratic governance, and refugee rights intersect. Striking a balance between strategic interests and humanitarian principles remains a critical challenge for the nation.
Government Responses and Policy Interventions
The Indian government’s responses to the Rohingya refugee crisis underscore the complexities arising from the interplay of Hindu nationalism and democratic governance. While the state prioritizes security considerations, leading to the implementation of deportation measures, UNHCR and other NGOs focus strictly on humanitarian concerns, such as providing aid and essential services to Rohingya refugees.
India lacks a comprehensive refugee policy or law and is not a signatory to international conventions securing refugee rights. As a result, India deals with refugees in an ad-hoc and arbitrary manner, irrespective of the ruling party (Fareed, 2022). The absence of clear guidelines complicates refugees’ status and access to rights, resulting in legal ambiguity (Sandhu & Sebastian, 2022).
The Supreme Court of India has intervened in some cases, upholding the principle of non-refoulement and preventing forced return to Myanmar where Rohingyas face persecution (Malischewski, 2018). State governments also play a crucial role in refugee management, with some states being more welcoming while others express concerns about security and resources.
Human rights organizations advocate for Rohingya rights, highlighting the need for humane treatment, access to education, healthcare, and livelihood opportunities. Additionally, India faces international pressure to protect Rohingya refugees. The situation of Rohingya refugees is complex, with legal gaps, varying state responses, and advocacy efforts. A comprehensive refugee policy is essential to ensure their rights in Indian society.
Role of Civil Society and Advocacy
Amidst the challenges posed by Hindu nationalism, civil society organizations and human rights activists play a pivotal role in advocating for refugee rights. Through legal advocacy, public awareness campaigns, and grassroots mobilization, these actors highlight the importance of upholding constitutional values and international obligations, countering nationalist narratives. Civil society organizations, human rights groups, and NGOs are crucial in raising awareness about the plight of Rohingya refugees, advocating for their rights, and emphasizing principles of non-refoulement and international protection.
Civil society organizations provide legal aid to Rohingya refugees, helping them understand their rights, navigate legal processes, and challenge detention or deportation orders. Advocacy groups also work to ensure that Rohingya refugees have access to essential services, including education, healthcare, sanitation, and livelihood opportunities. Additionally, civil society fosters community support networks that offer emotional support, information sharing, and practical assistance.
UNHCR and other NGOs monitor the treatment of Rohingya refugees, documenting any violations of their rights and raising concerns with relevant authorities and international bodies. They conduct public awareness campaigns to sensitize the public about the Rohingya crisis, aiming to reduce prejudice, combat misinformation, and promote empathy. Furthermore, NGOs engage with policymakers to urge the adoption of more compassionate refugee policies and advocate for a comprehensive legal framework for refugees in India. Civil society also encourages solidarity among different communities, empowering refugees to participate in decision-making processes essential for their integration. Civil society and advocacy efforts are vital in ensuring that Rohingya refugees receive the protection, dignity, and support they deserve.
Challenges in the South Asian Context
The absence of a regional refugee law framework further complicates refugee rights protection in the broader South Asian context. The lack of cohesive legal mechanisms exacerbates challenges in providing consistent and comprehensive protection for refugees across the region. South Asia, with its diverse political landscapes, historical tensions, and geopolitical interests, presents unique complexities. Rohingya refugees, for instance, cross borders between Myanmar, Bangladesh, and India, each with its own policies and priorities, highlighting geopolitical complexities.
South Asian countries prioritize national sovereignty and security, with large refugee populations often straining resources and raising security concerns. Balancing humanitarian obligations with national interests is a delicate task, and the lack of a comprehensive regional framework for refugee protection limits cooperation and hinders effective solutions. Additionally, the region’s diverse religious and ethnic communities intersect with refugee crises, leading to discrimination and exclusion, as seen in the Rohingya crisis.
Economic and infrastructural limitations in South Asia further strain resources needed for education, healthcare, and livelihood opportunities for refugees. Climate change impacts, such as rising sea levels, cyclones, and floods, exacerbate displacement and refugee challenges. Most South Asian countries lack comprehensive refugee laws, leading to legal gaps and ambiguities in refugee status determination, rights, and integration.
Xenophobia and prejudice against refugees persist, resulting in marginalization and social exclusion for refugees, including the Rohingya. Strengthening humanitarian response capacity in South Asia is crucial, including better coordination, emergency preparedness, and long-term solutions. Addressing refugee challenges in South Asia requires regional cooperation, legal reforms, and a balance between national interests and humanitarian imperatives.
Conclusion
In conclusion, the intersection of Hindu nationalism, democratic governance, and refugee rights in India, particularly amidst the Rohingya refugee crisis, underscores the complex dynamics at play. Hindu nationalist groups often prioritize the protection and integration of Hindu refugees, especially those from neighboring countries facing religious persecution. This selective approach can lead to differential treatment based on religious identity, potentially excluding non-Hindu refugees. Hindu nationalist organizations advocate for the rights of Hindu refugees, emphasizing religious solidarity. However, this focus on religious identity may overshadow broader humanitarian concerns and the need for inclusive integration policies. Non-Hindu refugees, such as Rohingya Muslims, may face hurdles in integration due to their religious background, with limited access to education, employment, healthcare, and social services.
Hindu nationalist sentiments influence the government’s approach to granting legal status and documentation to refugees. While some refugees receive long-term visas or refugee status, others remain in legal limbo, affecting their ability to fully integrate into society. Hindu nationalist influence can shape how existing laws are implemented, impacting refugees’ access to rights and services. Sometimes, Hindu nationalist discourse conflates refugee issues with national security concerns, creating a challenging balance between security measures and compassion for vulnerable refugees. Additionally, Hindu nationalist rhetoric can shape public opinion about refugees, leading to discrimination, xenophobia, or hostility based on ethnicity, religion, or nationality. India’s lack of a comprehensive refugee law leads to policy ambiguities.
Integration involves adapting to the host country’s culture while preserving one’s identity. Hindu nationalist narratives may encourage refugees to assimilate into Hindu-majority cultural norms, potentially erasing their unique identities. While Hindu nationalist organizations often provide support networks for Hindu refugees, non-Hindu refugees may lack similar community structures, affecting their social integration. While Hindu nationalism’s impact on refugee integration is complex, with both positive and negative aspects, advocacy for religiously persecuted refugees should not overshadow the broader principles of humanitarianism and inclusivity. Despite these challenges, democratic institutions in India offer avenues for legal reforms, accountability, and inclusive dialogue. Civil society’s advocacy serves as a crucial counterbalance, emphasizing the importance of upholding constitutional principles and international obligations.
The situation of Rohingya refugees in India underscores the need for concerted efforts to ensure protection and dignity for refugees amidst conflict zones in South Asia. While India has a robust legal system and civil society advocating for Rohingya rights, challenges persist in providing true refuge to those who have escaped genocide. This highlights the necessity of upholding basic standards of protection and refuge, especially for vulnerable populations like the Rohingya.
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