The Core Issue: Citizenship vs. Humanitarian Concerns

The Supreme Court of India has recently addressed the complex issue of Rohingya Muslim residency, emphasizing the primacy of Indian citizenship laws. The court’s stance underscores a commitment to national sovereignty while acknowledging humanitarian considerations. this decision comes amid ongoing debates about the rights of refugees and asylum seekers within India’s borders.

Court Declines to Halt Potential Deportations

In a recent hearing, the Supreme Court declined to issue a ban on the potential deportation of Rohingya Muslims residing in delhi. The court, comprised of Justices Suryakant, Dipankar Dutta, and N. Koteshwar Singh, asserted that the Indian Constitution guarantees the right to reside within the country only to Indian citizens. Consequently, matters concerning foreign nationals will be addressed under the Foreign Act.

Legal Arguments and Government’s Position

Senior advocates Colin Gonsalvis and Prashant Bhushan, representing the Rohingya community, argued for their right to reside in India, citing their recognition as refugees by the United Nations High Commissioner for refugees (UNHCR). They emphasized the right to life as a basic principle.

However, Solicitor General Tushar Mehta and Advocate Kanu Aggarwal countered that India is not a signatory to the UN Refugee Convention (1951), rendering UNHCR’s refugee status recognition non-binding. Mehta further asserted that the central government views the presence of Rohingya Muslims as a serious threat to national security, a concern previously raised in cases involving Assam and Jammu and Kashmir.

Rohingya is a foreign national and the Supreme Court has already made it clear that Indian citizens have the right to protect against exile.

Solicitor General Tushar Mehta

Article 21 and the Rights of foreign Nationals

The court clarified that while Article 21 of the Indian Constitution, which guarantees the Right to Life, extends to Rohingya migrants, they remain subject to the Foreign Act as foreign nationals. This distinction is crucial in understanding the legal framework governing their status in India.

Future Hearings and ongoing Debate

The bench has scheduled a detailed hearing for July 31st to further examine the complexities of the case. This ongoing legal process highlights the delicate balance between national security concerns, international obligations, and humanitarian principles in addressing the plight of Rohingya refugees in India.

The Broader Context: Rohingya Refugees and International Law

The situation of Rohingya refugees is a global concern. According to UNHCR estimates, hundreds of thousands have fled Myanmar due to persecution and violence. While India is not a signatory to the 1951 Refugee Convention, it is indeed bound by customary international law principles of non-refoulement, which prohibits returning refugees to a country where they face persecution. The debate continues on how to reconcile these international norms with domestic laws and security concerns.