Illegal Rohingyas have no fundamental right to reside in India, asserts govt in SC

THE ECONOMIC TIMES
Mar 20, 2024,

 

The Union government has made a significant statement regarding the status of illegal Rohingya Muslim migrants in the country. In a submission to the Supreme Court, the government asserted that these migrants do not possess a fundamental right to reside and settle in India. It emphasized that the judiciary should not encroach upon the legislative and policy domains of the Parliament and executive to create a separate category for granting refugee status to such individuals. 

 

Citing various judgments of the Supreme Court, the government clarified that while a foreigner enjoys the right to life and liberty under Article 21 of the Constitution, the right to reside and settle in the country is exclusively reserved for Indian citizens. The government also clarified that India does not recognize UNHCR refugee cards, which some Rohingya Muslims have obtained to claim refugee status.

 

“Continuance of Rohingyas’ illegal migration to India and their stay in India, apart from it being absolutely illegal, is fraught with serious security ramifications,” it said.

The government's affidavit highlighted the challenges posed by large-scale illegal migration from neighboring countries, particularly Bangladesh, which has altered the demographic profile of some border states such as Assam and West Bengal. It emphasized that the continued illegal migration of Rohingyas into India, apart from being illegal, poses serious security ramifications for the country. 

 

The affidavit also pointed out credible intelligence indicating that many Rohingyas are involved in activities such as obtaining fake/fabricated Indian identity documents, human trafficking, and subversive activities across the country. These activities are seen as threats to internal and national security. 

 

In response to a plea by petitioner Priyali Sur for the release of detained Rohingyas, the government reiterated that those illegally entering India would be dealt with in accordance with the provisions of the Foreigners Act. It also clarified that since India is not a signatory to the 1951 Refugee Convention and its Protocol relating to the Status of Refugees, it would handle the issue of Rohingyas based on its own domestic framework. 

 

Rejecting the petitioner's plea to treat Rohingyas similarly to refugees from Tibet and Sri Lanka, the government stated, "Whether or not any class of persons is to be recognized as refugees is a pure policy decision. There cannot be any recognition of refugee status outside the legislative framework, and such a declaration of refugee status cannot be made by judicial order… right to equality is not available to foreigners and illegal migrants." 

 

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