If Rohingya are foreign, Central govt. can deport them, says SC
Context:
The Supreme Court observed that if Rohingya are found to be “foreigners” under the Foreigners Act, the Central Government has the right to deport them, as per due legal procedure.
Relevance :
GS 2 ( Polity & Governance ) | GS 3 ( Internal Security )
Key Legal Highlights:
- Bench: Headed by Justice Surya Kant
- Issue: Petitions filed challenging Centre’s move to deport Rohingya refugees
- Petitioners’ Argument:
- Rohingyas hold UNHCR refugee cards
- They enjoy protection from deportation under international humanitarian principles (non-refoulement)
Centre’s Stand:
- India is not a signatory to the 1951 UN Refugee Convention
- Referred to an earlier SC ruling allowing the Centre to regulate entry, stay, and deportation of foreigners under Section 3 of the Foreigners Act, 1946
- Refugee status granted by UNHCR is not binding on Indian law
Supreme Court Observations:
- Right to Life (Article 21) and Right to Equality (Article 14) are available to all
- However, Right to settle or reside (Article 19(1)(e)) is exclusive to Indian citizens
- Refugees have no absolute right to reside in India if found to be illegal immigrants
- Deportation must follow “procedure established by law”
Implications for India:
- Raises questions on refugee protection in absence of a domestic refugee law
- Highlights security vs. humanitarian rights debate
- Puts spotlight on India’s policy on stateless persons and informal refugee protocols
Way Forward:
- Enact a comprehensive refugee policy/law
- Clarify India’s stance on non-refoulement
- Ensure deportations are humane, lawful, and transparent
- Balance national security concerns with international human rights standards
Who are the Rohingya?
The Rohingya are a Muslim ethnic minority group who primarily reside in Rakhine (formerly Arakan) and speak a dialect closely related to the Chittagonian language spoken in Bangladesh, which is distinct from the dominant Burmese language. While the Rohingya claim ancestry in the region dating back centuries, the Myanmar government has consistently denied them recognition as one of the country’s official ethnic groups, instead labeling them as illegal immigrants from Bangladesh
History of the Rohingya Crisis
Pre-1948 (British Colonial Rule):
- British annexation of Arakan in 1826 led to migration from Bengal to Rakhine.
- Migration increased under British rule for labour.
1948 – Myanmar Independence:
- Rohingya not recognized as one of the official 135 ethnic groups.
- Tensions rise between Buddhist majority and Muslim Rohingya.
1962 – Military Rule:
- Ethnic repression increases under military dictatorship.
- Rohingya citizenship increasingly restricted.
1982 – Citizenship Law:
- Myanmar enacts a Citizenship Law excluding Rohingya from full citizenship.
- They are labeled as “stateless”; denied access to basic rights like education, healthcare, and movement.
2012 – Communal Violence:
- Riots erupt in Rakhine between Rohingya Muslims and Rakhine Buddhists.
- Thousands displaced; refugee outflows begin toward Bangladesh, India, Malaysia.
2016–2017 – Military Crackdown:
- Armed group Arakan Rohingya Salvation Army (ARSA) attacks Myanmar police posts.
- In response, Myanmar military launches brutal counterinsurgency operation.
- UN calls it a “textbook case of ethnic cleansing”; over 740,000 Rohingya flee to Bangladesh.
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