Rohingyas have no fundamental right to reside and settle in India, Centre tells Supreme Court
Rohingya Muslims at a 'holding centre' in M A M Stadium in Jammu in March 2021
India's Modi government told the country's Supreme Court that illegal Rohingya Muslim migrants do not have a fundamental right to reside and settle in India and that New Delhi does not recognise UNHCR refugee cards. It added that the judiciary cannot enter legislative and policy domains exercised by the parliament and the executive.
The submissions were reportedly made in an affidavit submitted to the Supreme Court in which it is said that a foreign national has right to life and liberty under Article 21 of the Constitution. The right to reside and settle in the country is available only to Indian citizens.
An unspecified number of Rohingya Muslims have secured UNHCR refugee cards and have reportedly used them as a basis to claim refugee status in India.
Without naming Bangladesh, the government said that India is already grappling with large-scale illegal migration from a neighbouring country that has altered the demographic profile of some border states.
"Continuance of Rohingyas’ illegal migration to India and their stay in India, apart from it being absolutely illegal, is fraught with serious security ramifications," it said.
The government claimed that there is "credible input" about a large number of Rohingyas indulging in activities of obtaining fake Indian identity documents and partaking in subversive activities in different parts of the country.
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The government's response came in counter to the petition filed byPriyali Sur, founder of'The Azadi Project' Sur had filed a petition for the release of Rohingyas who have been detained under the provisions of the Foreigners Act.
The government added that India is not a signatory to the 1951 Refugee Convention and the Protocol relating to the Status of Refugees. Therefore, the government concurred, that New Delhi would deal with Rohingyas as per its domestic framework.
Also watch |Indonesians protest over growing arrivals of Rohingya refugees
"Whether or not any class of persons are 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," the government told the top court.
(With inputs from agencies