Right to reside is only for Indian citizens, not for Rohingyas-Supreme Court

On May 8, the Supreme Court of India refused to intervene in the alleged deportation of Rohingya Muslim migrants from Delhi, stating that individuals found to be foreigners under Indian law must be deported.

Key Highlights of the Case

• Petitioners’ Argument:
  • Urged the Court to stop deportations, citing the risk of genocide in Myanmar.
  • Argued that Rohingyas are recognized refugees by the United Nations High Commissioner for Refugees (UNHCR).
  • Claimed that refugee status grants them a right to reside in India, especially under humanitarian considerations.
• Government’s Response (represented by the Solicitor General):
  • Asserted that Rohingyas are not recognized as refugees by the Indian government, but are instead classified as foreigners.
  • Referred to a prior Supreme Court ruling related to Assam, where the Court declined to pass judgment on conditions in Myanmar.
  • Emphasized that India is not a signatory to the 1951 UN Refugee Convention, and thus is not obligated to honor UNHCR refugee cards.
  • Clarified that the right to reside in India applies only to Indian citizens.
  • Assured that any deportation would follow due legal process under the Foreigners Act.

Court’s Ruling

• No Stay on Deportation: The Court declined to block the deportation of Rohingyas.
• Acknowledged Limited Rights:
  • Confirmed that Article 21 (right to life) of the Indian Constitution does apply to all persons, including Rohingyas.
  • However, clarified that the right to reside and settle in India is a constitutional right reserved for citizens.
• Legal Handling: Rohingyas, being legally classified as foreigners, will be managed under the Foreigners Act, 1946.

(Source: (ET)