Supreme Court's Firm Stance on Rohingya Muslims' Rights in India
The Supreme Court of India has firmly stated that the right to reside in the country is reserved for citizens, addressing the legal status of Rohingya Muslims. In a recent ruling, the court denied requests to halt the deportation of Rohingya migrants, emphasizing that illegal immigrants will be treated under the Foreigners Act. Senior advocates argued for the rights of these refugees, citing their persecution in Myanmar, while the government maintained that India is not bound by UN refugee conventions. The court has scheduled a final hearing for July 31, raising significant questions about the treatment of refugees in India.
| May 10, 2025, 20:08 IST
Supreme Court's Ruling on Rohingya Muslims
The Supreme Court has made a significant statement regarding the rights of Rohingya Muslims in India, asserting that the right to reside in the country is exclusive to Indian citizens. The court emphasized that illegal immigrants will be addressed according to the law. In a crucial ruling on May 8, the Supreme Court adopted a stringent approach towards petitions concerning Rohingya Muslims, denying requests to halt the alleged deportation of Rohingya migrants from Delhi. A bench comprising Justices Surya Kant, Deepankar Dutta, and Koteswar Singh stated that only citizens have the right to live in India, and foreign nationals will be treated according to the Foreigners Act, regardless of their refugee status.
Arguments Presented in Court
Senior advocates Colin Gonsalves and Prashant Bhushan filed petitions claiming that Rohingya individuals are victims of genocide in Myanmar and have been granted refugee status by the United Nations, thus deserving the right to reside in India. In contrast, Solicitor General Tushar Mehta argued that India is not a signatory to the UN Refugee Convention, making the refugee status granted by the UNHCR non-binding for India. The bench was informed that the Supreme Court had previously denied requests to stop the deportation of Rohingya Muslims from Assam and Jammu and Kashmir when the central government expressed security concerns regarding their presence in India.
Concerns Over Arrests of Refugees
The Supreme Court was informed that some refugees holding UNHCR cards, including women and children, were arrested by police officials late last night and deported despite a hearing scheduled for Thursday. Justice Dutta remarked that if these individuals are considered foreign nationals, they should be treated according to the Foreigners Act. The court has decided to conduct a final hearing on the matter, which has been postponed to July 31.