The Supreme Court on Thursday said that Rohingya Muslims living in India without citizenship do not have the right to stay in the country. The court refused to stop the government from deporting them, despite pleas from lawyers who argued that the Rohingyas face serious danger if sent back to Myanmar.

Senior advocates Colin Gonsalves and Prashant Bhushan asked the court to stop the deportation of Rohingyas from Delhi. They said the community is facing genocide in Myanmar and that many have been given refugee cards by the United Nations. This, they argued, should give them protection under international law.

But the bench of Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh said that the right to live and settle in India belongs only to Indian citizens. Foreigners, including Rohingyas, will be treated according to the Foreigners Act. The court noted that while the right to life under Article 21 of the Constitution applies to everyone, that does not mean non-citizens can choose to stay in India.

The judges also pointed out that this is not the first time the Supreme Court has handled such a case. Solicitor General Tushar Mehta, representing the government, reminded the court that it had earlier allowed the deportation of Rohingyas from Assam and Jammu & Kashmir, saying their presence could pose a threat to national security.

The court has set July 31 as the next date to hear the matter in detail.
 

BOB Post