The Delhi High Court has declined a plea to allow Rohingya refugee children from Myanmar to enroll in local schools, citing jurisdictional limitations and directing the matter to the central government. The court stated that since the issue touches on “international issues” with potential national security ramifications, the Ministry of Home Affairs should address it.

"There are a lot of issues involved," the two-member bench remarked, emphasizing the need for a swift review of the request.

The plea, filed by the NGO Social Jurist, argued that 17 Rohingya children living in the Khajoori Chowk area are being denied school admission because they lack an Aadhaar card, India’s biometric identification system reserved for Indian citizens.

Under Indian law, Aadhaar registration is voluntary, and the Supreme Court has previously ruled that lack of an Aadhaar number should not prevent access to services. Social Jurist’s attorney, Ashok Agarwal, contended that various articles of the Indian Constitution, as well as the Right of Children to Free and Compulsory Education Act of 2009, guarantee education rights for all children residing in India.

However, the court held that “Rohingyas were foreigners” who have not been “officially and legally granted entry into India,” thus distinguishing their access to services.

India, which has not signed the 1951 Refugee Convention and lacks a national refugee policy, permits the UNHCR to operate within its borders. The Rohingya, a largely Muslim minority from Myanmar, have faced intense persecution, leading more than 40,000 to seek refuge in India as of a 2019 estimate, with approximately 22,000 registered with the UNHCR.

The High Court clarified its stance, noting that allowing Rohingya children access to education would “grant foreign nationals access to the national education system,” which requires governmental authorization. “This is a policy domain,” the justices said. “Let the policy decision be taken by the government. It is not for us to take a call since it touches citizenship.”

“We are not taking the responsibility of the entire (world). Then you will say open schools in Africa also. Let us not get carried away,” the court added, referencing Assam state law, which provides for the expulsion of foreigners through specialized courts.

“Tomorrow you will have a situation where they will have to be expelled. We can't get into this. Let the government take a call on this,” the court reiterated.

BOB Post