Supreme Court to Rule on Legal Status of Rohingya in India

The Supreme Court has agreed to examine whether Rohingya Muslims living in India should be legally classified as refugees or treated as illegal immigrants. A three-judge bench led by Chief Justice Surya Kant said this question forms the core of the case, noting that a refugee would prima facie hold a distinct legal status.

Senior advocate Ashwini Kumar argued that the court must deliver an authoritative ruling on whether Rohingya constitute a separate class under domestic and international law. The bench acknowledged the submission, stating that the issue of refugee status is central to the proceedings.

Solicitor General Tushar Mehta, representing the Centre, countered that India is not a signatory to the UN Refugee Convention. He said the legal questions have already been framed and the hearing should be confined to them. These include whether Rohingya are illegal entrants, whether deportation is justified, and whether they can be detained indefinitely even if found to be illegal entrants.

The case stems from petitions filed by Rohingya individuals living in camps in Delhi, represented by advocates Prashant Bhushan and Colin Gonsalves. The petitioners noted that cases date back to 2013 and highlighted prolonged detention of persons declared foreigners in states like Assam.

In an earlier hearing in May, the court had observed that if Rohingya are found to be foreigners under the Foreigners Act, the Centre would deal with them according to law. The petitioners have challenged the government's power to deport them, pointing out that the UNHCR has identified them as refugees and that they face torture and death if returned to Myanmar, which has declared them stateless. They have invoked the principle of non-refoulement, which bars returning individuals to places where they face serious harm.