Centre Rejects Rohingyas Right To Reside In India
The Union government has made a notable comment regarding the status of illegal Rohingya Muslim migrants in the country. The centre has told the Supreme Court that the migrants do not possess a fundamental right to reside and settle in India. It further stated that the illegal migration of and stay of Rohingya refugees have the same ramifications for national security.
A petition was filed in the apex court seeking direction to the Centre to release Rohingya refugees put in detention for alleged violation of the Foreigners Act.
The Rohingya refugees are mostly Muslims who have fled ethnic violence in Buddhist-majority Myanmar and entered India, Bangladesh and other countries illegally. The Centre also emphasized 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.
The centre in its affidavit cited various judgments clarified that though foreigners enjoy 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.
The Rohingya Muslims are on the verge of a fresh political row over the implementation of the Citizenship Amendment Act (CAA). In the Centre’s affidavit, the Centre has said that India is not a signatory to the 1951 Refugees Convention and to the protocol relating to the Status of Refugees, 1967.
The Centre citing the 2005 verdict of the Supreme Court stressed the dangers of unchecked migration. It pointed out that India has unfenced borders with Nepal, Bhutan, Bangladesh, Myanmar etc and also an easily navigable route with Pakistan as well as Sri Lanka. Thus it makes the country vulnerable to a continuous threat of an influx of illegal migration and resultant problems arising therefrom.
Rejecting the petitioner”s plea to treat the Rohingyas similarly to that of refugees from Tibet and Sri Lanka, the government stated, “Whether or not any class of persons is to be recognized 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.”
