"The recent debate in the media on the status of Rohingyas have brought their intractable problem to the forefront. A look at the facts is relevant to the issue to understand its legal and security dimensions as also deep-seated hatred between the Burmese and Rohingyas. The Rohingyas claim that they constitute an ethnic Muslim minority (predominantly Sunnis), who lived in Rakhine (earlier Arakan), speaking a distinct language since the 8th AD. There is evidence available that between 9th and 14th Century, they came into contact with Arab traders and got converted to Islam and the Mrauk U kingdom from 1429 to 1785, encouraged the settlement of Muslims in the Arakan area. According to Dr Francis-Buchanan a British geographer and physician, in 1785 Bamar- the ethnic Burmese group- occupied Rakhine and pushed out about 35,000 Rohingyas, who migrated to Bengal in British India to escape atrocities, while some others continued to stay there. On the other hand, the Myanmar government does not recognise Rohingyas as the citizens of Myanmar and hold the view that they are Bengali Muslims, who migrated either after 1823 or after 1948 or during the Bangladesh Liberation War in 1971. The Myanmar government views that Rohingyas actually belong to Chittagong. The rift between the Burmese and the Rohingyas worsened after Burma was annexed by the British in 1823. The British encouraged Bengalis mainly Muslims to settle in Burma to work in the paddy field and tea plantations. The Muslims were also given preference in top administrative positions as they were unhappy with the anti-colonial sentiments of Buddhists. While this improved the position of Rohingyas, the divide between Rohingyas and Burmese deepened taking a communal shape. During the World War II, the Burmese Buddhist welcomed Japanese, while Rohingyas supported the British. When in 1948, Burma gained Independence, Myanmar refused to recognise Rohingyas as the rightful citizens. Rohingyas supported the movement to join Pakistan that was not liked by Burmese. During the 1970-71 crackdown in Bangladesh, a number of Bangladeshis took shelter in Rakhine and Myanmar government forcibly expelled 2,00,000 Muslims that included Rohingyas. In 1982, when Myanmar government enacted the Citizenship Law, it identified 135 ethnic groups in the country that does not include Rohingyas. These 135 ethnic groups according to the Myanmar government had settled in the country prior to 1823. The Chairman of the ruling party and predominant leader Ne Win stated at the time of enactment of law that it was a means of distinguishing ‘pure blooded nationals’ from those who entered Myanmar during the colonial period, their descendants, and ‘mixed bloods’ (that is, the children of marriages between the two groups). The idea in the speech was that ‘pure blooded nationals’ should be ‘citizens’, while the others could become ‘associate citizens’ (who acquired citizenship through 1948 citizenship Law) or ‘naturalized citizens’ (who could provide “conclusive evidence” that he or his parents entered and resided in Burma prior to independence in 1948). There is no transition from associate and naturalised citizenship to full citizenship. Rohingya children born in Myanmar are denied citizenship. In 2012, riots broke out in Rakhine between Rohingyas and Buddhists in which 78 persons were killed and 1,40,000 persons were displaced according to government sources, though the actual number was much more. The Rohingyas formed an insurgent group known as Arakan Rohingya Salvation Army (ARSA), earlier known as Harakah al-Yaqin, under Attaullah abu Ammar Januni in 2013. He was Karachi born and grew up in Mecca, Saudi Arabia. Both Tatmadaw (Myanmar Army) and International Crisis Group accuse this group of receiving foreign funds and support. Reports indicate that in 2013, ISI had established contacts with Rohingyas to support the Indian insurgent groups based in Myanmar. Tatmadaw had also blamed China for supplying arms to both ARSA and Arakan Army, which is demanding self-determination in the state, though they term Rohingyas as Bengali Muslims. Since its formation, ARSA intensified attacks on the Myanmar security forces. In 2016-2017, ARSA killed officers and soldiers at the border, murdered and kidnapped civilians and launched attacks on more than 30 police stations in Myanmar. Tatmadaw also pointed out that Afghans and Pak fighters had trained ARSA recruits. Crucially, Tatmadaw blamed ARSA for killing 99 Bengali Hindus in the Kha Maung Seik massacre in 2017. The Myanmar government retaliated by burning Rohingya villages and killing Rohingyas. This followed a massive migration of Rohingyas to Bangladesh, Thailand and Malaysia. While a few entered India directly, others came via Bangladesh. Currently there are about one million Rohingyas in Myanmar but only 40,000 have been recognised as citizens. Rest of the Rohingyas are called ‘resident foreigners’ and were not included in the 2014 census. A little less than one million Rohingyas are in Bangladesh’s Cox Bazar camps. They are in miserable condition. Several Rohingyas have not registered and are living separately. Rohingya refugees have also sought refuge in Thailand (92,000) and India (21,000), with smaller numbers settling in Indonesia, Nepal and other countries across the region. In India there are more than 40,000 with maximum concentration in J&K (8,500). The Rohingya issue remains problematic. The Myanmar constitution does not consider them as legal citizens. With the formation of ARSA, Rohingyas are posing serious security challenges to Myanmar. Any hope of changing the Myanmar constitution in favour of Rohingyas appears to be a pipe-dream. Tatmadaw’s hold in Arakan and Kachin areas is not very strong and therefore the insurgents continue to operate there. Over the period, the religious divide between Burmese Buddhists and Rohingya Muslims has widened and reconciliation between them appears difficult. Bangladesh has consistently demanded that Rohingyas should be repatriated. However, voluntary repatriation is not possible as Rohingyas do not find the situation conducive for their return to Myanmar. As there is overcrowding in the Cox bazar camps, Bangladesh is relocating Rohingyas to Bhasan Char (Char Piya) island. At present there are 19,000 Rohingyas and Bangladesh is planning to send another 80,000 Rohingyas to Bhasan Char. While refugees are not permitted to work in Bangladesh, 30% of children ages 15-17 are working informally putting them at risk of exploitation. Bangladesh has also indicated that criminal activities are increasing involving Rohingyas. The UNHCR is trying to provide life-saving assistance but the funds are insufficient: in 2018 it was estimated that only 32% of the need is available. Its ability to create conditions conducive for the return of Rohingyas is negligible at present. For India, it is important that they are repatriated at the earliest. India does not have a refugee policy though refugees from neighbouring countries have come and are staying. The Foreigner’s Act of 1946 does not address the refugee policy. India is not a party to the 1951 Refugee Convention and its 1967 Protocol. India views that these only include political and civil rights and not economic rights and if the latter is included it would create a heavy burden on the country. The linkages of Rohingyas with external elements is a serious security concern particularly with their concentration in a sensitive state like J&K. They may easily be pushed to get involved in anti-national activities. Besides they have the potential to exacerbate the communal situation. While the best way is to repatriate Rohingyas, India does not wish to push them forcibly though they are termed as illegal migrants. Steps need to be taken in consultation with Tatmadaw. India needs the support of Naypyidaw not only for controlling North-East insurgents but also to push forward its policy of Act East for economic development. Immediately India should ensure that Rohingyas are not able to come illegally from Bangladesh. They should also be relocated to a place where their activities can be closely watched. Simultaneously, Myanmar should be nudged to take back Rohingyas, though it may take quite some time..."