SC asks to clarify whether Rohingyas in India are refugees or illegal migrants

New Delhi – While hearing petitions related to the Rohingya community, the Supreme Court of India posed a fundamental question : ‘Are the Rohingyas in India refugees or illegal entrants ?’ The Court added, ‘Once this issue is clarified, the remaining questions will automatically be resolved’.

Questions raised by the Court

1. Does any legal authority exist to declare Rohingyas as ‘refugees’ ? If so, what protections, privileges, or rights would they be entitled to ?

2. If they are not refugees and are deemed illegal entrants, is it appropriate to deport them ?

3. If the Rohingyas are declared illegal entrants, for how long can they be held in detention ? Or can they be granted bail under conditions set by the Court ?

4. Are Rohingyas who are not in custody but residing in refugee camps receiving basic facilities like drinking water, sanitation, and education ?

5. The responsibility to deport individuals who have entered India illegally lies with both the Union and State Governments.

Earlier, on 16th May, the Court had reprimanded certain petitioners. A petition had alleged that 43 Rohingyas were abandoned in the Andaman Sea, prompting the Court to question the legitimacy of the plea.

During a 8th May hearing, the Supreme Court clearly stated that under Indian law, Rohingyas are considered foreigners, and hence, they may be deported.

The Court also emphasized that identity cards issued by the UNHCR (United Nations High Commissioner for Refugees) do not offer any legal protection under Indian jurisdiction.