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Supreme Court on Rohingyas
May 12 , 2025
17 hrs 0 min
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- The Supreme Court refused to stay the purported deportation of illegal Rohingya Muslim migrants from Delhi.
- Rohingyas are Foreigners and may be dealt with as per the Foreigners' Act.
- During the Mohammad Salimullah and Ors vs. Union of India and Ors (2021) case, the SC highlighted that rights under Articles 14 and 21 are available to all persons (including non-citizens).
- But the right not to be deported, is ancillary or concomitant to the right to reside or settle under Article 19(1)(e).
- India is not a signatory to the 1951 Convention on Refugees and its 1967 Protocol.
- Also, India does not have a separate law to deal with refugees.
- Thus, cases for refugee ‘status’ are considered on a case-by-case basis based on the policy of bilateralism.
- Refugees come under the definition of ‘alien’ and ‘foreigners’.
- As per the Passport (Entry into India) Act of 1920, Centre may direct the removal of any foreigner from India who enters India without passport & visa.
- According to Articles 258(1) and 239(1) of the Constitution, States/UTs are also entrusted with these powers.
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