Refugees or illegal entrants? Supreme Court to decide Rohingyas' future in India

New Delhi: The Supreme Court on Thursday decided to examine if Rohingyas are refugees or illegal entrants and if they can be detained indefinitely here.

A bench of Justices Surya Kant, and Justices Dipankar Datta and N Kotiswar Singh demarcated the issues in a batch of petitions relating to deportation and living conditions of Rohingya refugees in the country.

"Whether Rohingyas are entitled to be declared as refugees, if so what protection/rights they are entitled to," the bench said.

The court also decided to examine if Rohingyas are not refugees and are illegal entrants, whether the actions of the Union government in deporting them are justified.

"Even if the Rohingyas have been held to be illegal entrants, can they be detained indefinitely or are they entitled to release on bail, subject to such conditions as the Court may deem fit to be imposed? Whether the Rohingyas who are not detained but are living in refugee camps, have been provided with basic amenities like sanitation, drinking water, education, etc. (in conformity with Article 21 of the Constitution)," the bench said.

The batch of petitions filed in the court raised many questions including the deportation of illegal Rohingya immigrants and their living conditions, ranging from health, sanitation, access to clean water, habitation conditions, access to education, etc.

"It would be better that instead of passing interlocutory orders of any kind, we take up these matters and decide either way that if they have a right to stay here, that should be acknowledged. If they don't have a right to stay here, then they will follow the procedure and deport as per law", the bench said.

The bench also said if Rohingyas are all foreigners and if they are covered by the Foreigners' Act ot not will also be decided. 

Senior advocate Colin Gonsalves, appearing for the NGO Rohingya Human Rights Initiative, said one Rajubala’s case to also be treated as a Rohingya matter. 

Her husband has been detained in Assam as a foreigner along with 30 other Rohingyas. 

Advocate Prashant Bhushan also for petitioners argued that there were matters regarding the prolonged detention of people declared as foreigners in Assam. "The core issue however is that whether Rohingyas are to be treated as refugees or illegal migrants. The commonality is that they relate to the interpretation to the Foreigner’s Act," he contended.