Context: Recently, the Supreme Court observed that if the Rohingya refugees are found to be ‘foreigners’ under the Foreigners Act, the Central government can deport them in accordance with the procedure under the law.
Relevance of the Topic: Mains: Ethics and status of refugees in India, including citizenship issues.
The Recent ruling of Supreme Court:
- Though the right to life and due process (Article 21) and the right to equality (Article 14) of the Constitution are available to all (citizens as well as non-citizens in India), the fundamental right to reside or settle in any part of India under Article 19(1)(e) is only available to Indian citizens.
- As the Rohingyas do not have a right to settle in India, they will be deported as per the procedure prescribed in law.
India’s stand on Rohingya Refugees
Rohingyas faced genocide in the Myanmar’s Rakhine region, and now constitute the world’s largest stateless population in the world.
- India is not a signatory to the UN Convention on Refugees (UNHCR). India is not a party to the key International instruments such as:
- Conventions against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
- International Convention for the Protection of all Persons from Enforced Disappearance.
- Therefore, India maintains no legal obligations to provide asylum and adhere to the Policy of Non-Refoulement. Policy of Non-refoulement prohibits returning individuals to places where they face persecution, torture, or serious harm, protecting refugee and human rights.
- India categorises Rohingya refugees as Illegal Migrants. India continues to detain Rohingya refugees under the domestic acts like:
- The Foreigners Act, 1946 regulates the entry, stay, and departure of foreigners in India, along with deportation of the illegal migrants in India.
- The Passport Act, 1967 governs the issuance and regulation of passports in India.
- The government under the Foreigners Act has the absolute and unlimited powers to issue orders to “prohibit, regulate, restrict entry or departure of foreigners”, especially when national security concerns are at play.