In a significant development in the ongoing legal battle over the fate of Rohingya refugees in India, the Supreme Court on Thursday reiterated that any Rohingya individual identified as a foreigner under Indian law is liable to be deported.
A Bench comprising Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh made this observation during a hearing on petitions relating to the living conditions of Rohingya refugees and pleas opposing their deportation.
“If they are foreigners as per the Foreigners Act, then they have to be deported,” stated Justice Datta, underscoring the court’s reliance on statutory provisions rather than international refugee documentation.
The court also emphasized that identity cards issued by the United Nations High Commissioner for Refugees (UNHCR) would not necessarily safeguard these refugees. “The UNHCR cards may not be of any help to them,” the Bench noted, referencing its earlier 2021 ruling which refused protection to Rohingyas in Jammu & Kashmir.
Senior Advocates Colin Gonsalves and Prashant Bhushan, appearing for some of the refugees, informed the court that several Rohingyas with UNHCR cards were taken by police for deportation just hours before the hearing. “They were with children and family. We have affidavits ready. This is shocking,” said Gonsalves.
Solicitor General Tushar Mehta, representing the Centre, responded by reiterating India’s stance: “India is not a party to the UN Refugee Convention,” adding that the validity of UNHCR cards remains disputed.
Bhushan highlighted the humanitarian dilemma, stating that Myanmar is not accepting the deported individuals, leaving them stateless. He also argued that the earlier court order was only an interim directive.
Despite these concerns, the Supreme Court declined to issue any new interim relief. “In light of our April 2021 order, no further interim directions are required,” the Bench concluded.
The matter has been scheduled for further hearing on May 14.
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