Supreme Court Says Illegal Immigrants Have No Legal Right; Clarifies India’s Stand on Refugees

The Supreme Court held that intruders and illegal immigrants do not have legal rights in India.
A bench of CJI Surya Kant and Justice Joymalya Bagchi stated that the country cannot roll out a red carpet for those who enter illegally.

• Context of the Observation:
  The remarks came while hearing a habeas corpus petition alleging the disappearance of some Rohingyas from official custody.
• Priority for Citizens:
  The Bench emphasised that benefits and amenities must prioritize Indian citizens, not individuals who have entered the country unlawfully.
• Protection From Custodial Abuse:
  Despite its strong stance, the Court underlined that illegal migrants cannot be subjected to custodial torture.
• Objection to the Term ‘Refugee’:
  The SC objected to describing Rohingyas as “refugees,” noting that India does not legally recognise refugees due to the absence of a national refugee law.
• Security Concerns in Northeast:
  The Court recalled its 2005 observation that Assam had been facing “external aggression and internal disturbance” due to prolonged illegal migration.

International Definition of Refugees

• The 1951 UN Refugee Convention defines refugees as individuals forced to flee due to a well-founded fear of persecution based on:
  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group
• The Convention outlines obligations of member states, including providing minimum standards of treatment, protection, and non-refoulement.
• 149 UN member states have signed and ratified the treaty.

India’s Position

• India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol.
• India has no national refugee law, meaning:
  • Refugees are not legally distinguished from other foreigners.
  • Their protection falls under general immigration, foreigner, and national security laws.