If Rohingya refugees are ‘foreigners' under the Foreigners Act, they will be dealt with as per the law: SC
The Supreme Court on Thursday (May 8, 2025) observed that if Rohingya refugees are found to be 'foreigners' under the Foreigners Act, they will be dealt with by the Centre in accordance with law.
A three-judge Bench headed by Justice Surya Kant was hearing a batch of petitions challenging the Centre's power to deport Rohingya refugees.
Deportations reported
The petitioners said that as persons identified as 'refugees' by the United Nations High Commission for Refugees (UNHCR) they have constitutional protection against deportation to Myanmar. The petitioners, represented by senior advocate Colin Gonsalves and advocate Prashant Bhushan, claimed non-refoulement, saying they would be tortured and killed if they were deported to Myanmar, which have anyway declared them 'stateless'. The lawyers referred to media reports claiming that some of their clients, along with women and children, all of whom were UNHCR cardholders, were picked up and deported last night.
Solicitor General Tushar Mehta, for the Centre, submitted that India was not a signatory to the UN Convention on Refugees. He referred to an interim order passed by the Supreme Court that the government's power under Section 3 of the Foreigners Act to issue orders to 'prohibit, regulate, restrict entry or departure of foreigners' was absolute and unlimited, especially when national security concerns were in play. Mr. Mehta said Article 51(c) which emphasises on respect for international law could be pressed by the petitioners as long as they were in consonance with the domestic law.
Also read | No child will be discriminated against: Supreme Court on plea for Rohingya access to public schools
No right to settle: SC
Justice Dipankar Datta agreed with Mr. Mehta's submissions that though right to life and due process (Article 21) and the right to equality (Article 14) of the Constitution were available to all, the fundamental right to reside or settle in any part of India under Article 19(1)(e) was only available to Indian citizens.
'You do not have a right to settle here,' Justice Datta addressed the petitioners.
'If they (refugees) have a right to stay here, it will be acknowledged. However, if they do not have a right, they will be deported as per the procedure prescribed in law,' Justice Kant remarked.
Mr. Bhushan submitted that India recognised the Genocide Convention. The deportation of Rohingya refugees to Mynamar, which they had fled, was opening the door to one.
Mr. Gonsalves said deportation was a violation of Article 21 rights of the Rohingya refugees. The senior lawyer referred to a judgment of the Supreme Court, which directed the Indian government to protect the Rohingya refugees despite the fact that India was not a signatory to the Refugee Convention. He argued that non-refoulement had attained the status of jus cogens (compelling law) in the International Customary Law.
The court agreed to hear the case in detail in July.
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