Rohingya intruders have no right to settle in India

Union Government’s clarification in Supreme Court

New Delhi – The Union Government has informed the Supreme Court that the Rohingya Muslims living illegally in India have no fundamental right to settle here. It emphasised that the judiciary should not encroach upon the legislative and policy domains of the parliament and executive to create a separate category for granting refugee status to such individuals.

India does not recognise UNHCR refugee cards

Citing various judgments of the Supreme Court, the Government clarified that while a foreigner enjoys the right to life and liberty under Article 21 of the Constitution, the right to reside and settle in the country is exclusively reserved for Indian citizens. The Government also clarified that India does not recognise UNHCR refugee cards, which some Rohingya Muslims have obtained to claim refugee status.

Rohingyas illegal stay in India is fraught with serious security ramifications

The Government’s affidavit highlighted the challenges posed by large-scale illegal migration from neighbouring countries, particularly Bangladesh, which has altered the demographic profile of some border States such as Assam and Bengal. It emphasised that the continued illegal migration of Rohingyas into India, apart from being illegal, poses serious security ramifications for the country. The affidavit also pointed out credible intelligence indicating that many Rohingyas are involved in activities such as obtaining fake/fabricated Indian identity documents, human trafficking, and subversive activities across the country. These activities are seen as threats to internal and national security.

Rohingyas would be dealt with in accordance with the provisions of the Foreigners Act

In response to a plea by petitioner Priyali Sur for the release of detained Rohingyas, the Government reiterated that those illegally entering India would be dealt with in accordance with the provisions of the Foreigners Act. It also clarified that since India is not a signatory to the 1951 Refugee Convention and its Protocol relating to the Status of Refugees, it would handle the issue of Rohingyas based on its own domestic framework.

Illegal immigrants will not get equal rights

Petitioner Priyali Sur, citing refugees from Tibet and Sri Lanka, demanded that the Government treat the Rohingyas similarly. (A law should be now enacted to expel those who make such demands from the country – Editor) Rejecting the petitioner’s plea to treat Rohingyas similarly to refugees from Tibet and Sri Lanka, the Government stated, “Whether or not any class of persons is to be recognised as refugees is a pure policy decision. There cannot be any recognition of refugee status outside the legislative framework, and such a declaration of refugee status cannot be made by judicial order. Right to equality is not available to foreigners and illegal migrants.”

Editorial Perspective

People of India feel that the Courts should not even accept petitions demanding permission for intruders to stay in India.