SC Rules Rohingya Refugees Subject to Foreigners Act

Syllabus: GS2/Polity and Governance

Context

• The Supreme Court observed that if Rohingya refugees are found to be ‘foreigners’ under the Foreigners Act, they will be dealt with as per the law. 

About

• Petitioners’ Arguments:
  • The Rohingya are recognized as refugees by the United Nations High Commissioner for Refugees (UNHCR), and thus deserve protection under the principle of non-refoulement (not returning refugees to a place where they face serious threats).
  • Deportation to Myanmar, where they are stateless and allegedly face torture and death, violates Article 21 (Right to Life) and Article 14 (Right to Equality).
• Government’s and Court’s Position:
  • India is not a signatory to the 1951 Refugee Convention, and the Foreigners Act gives the government broad powers to regulate the entry and exit of foreigners.
  • Article 19(1)(e) (Right to reside/settle) applies only to Indian citizens, not to foreigners, per the Supreme Court’s interpretation.
  • The SC acknowledged basic constitutional protections (like Articles 14 and 21) extend to all persons in India, but not a right to stay or settle in India. 
  • The bench reiterated that the matter of whether the refugees can stay is subject to legal procedure under Indian law.

Who are the Rohingya refugees? 

• The Rohingya are a Muslim minority ethnic group with their roots in the Arakan kingdom in Myanmar. 
• The Rohingya are culturally and religiously distinct from the majority Buddhist population in Myanmar. 
• The Rohingya claim to have lived in Myanmar’s Rakhine State for generations, but successive governments in the country have disputed their ties, labelling them illegal immigrants from Bangladesh. 
• Myanmar has denied them citizenship since 1982, thus making them the world’s largest stateless population. 
• Their largest exodus began in 2017 driving more than 7.5 lakh people to seek refuge in Bangladesh to escape the brutality of security forces. 

India’s Policy on Refugees

• India has welcomed refugees in the past, with nearly 300,000 people categorised as refugees. 
  • This includes the Tibetans, Chakmas from Bangladesh, and refugees from Afghanistan, Sri Lanka, etc. 
• But India is not a signatory to the 1951 UN Refugee Convention or the 1967 Protocol relating to the Status of Refugee. Nor does India have a refugee policy or a refugee law.
• All foreign undocumented nationals are governed as per the provisions of The Foreigners Act, 1946, The Registration of Foreigners Act, 1939, The Passport (Entry into India) Act, 1920 and The Citizenship Act, 1955.
• As per the MHA foreign nationals who enter into the country without valid travel documents are treated as illegal immigrants.

Reasons for India’s Policy on Refugees

• Resource Strain: Hosting refugees puts pressure on resources, especially in areas where infrastructure is already stretched thin.
• Social Cohesion: Large numbers of refugees can strain social cohesion, potentially leading to tensions with host communities.
• Security Concerns: Refugee influxes can raise security concerns, including the potential infiltration of extremist elements and difficulties in monitoring movements across porous borders.
• Diplomatic Relations: Hosting refugees strain diplomatic relations with neighboring countries or countries of origin.
• Economic Impact: Refugees compete for low-skilled jobs, affecting the local job market, while their potential contributions to the economy through entrepreneurship or labor may not be fully realized.

Way Ahead

• India’s approach to refugees is shaped by a tradition of humanitarianism, regional geopolitics, and national security concerns. 
• Though India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol, it has historically provided refuge to various displaced communities. 
• As global displacement continues to rise, there is an increasing need for India to establish a clear and consistent national refugee policy that balances humanitarian obligations with security and demographic concerns. 

Source: TH