A plea has been filed in the Supreme Court seeking the admission of Rohingya refugee children in local schools. The petition argues that these children should be allowed access to education as part of their basic rights. It highlights the importance of providing them with opportunities for a better future.
New Delhi: A petition filed in the Supreme Court requesting that all Myanmar Rohingya refugee children be granted admission to schools near their residences.
This plea, initiated by the NGO Social Jurist, contests the Delhi High Court’s decision from October 29, 2024, which ruled that the Rohingyas, as foreigners without legal entry into India, should approach the Ministry of Home Affairs.
The High Court instructed the Ministry to address the matter legally and to make a prompt decision on the representation.
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According to Advocate Ashok Aggarwal, a representation was submitted on November 4, 2024, to the Home Secretary of the Ministry of Home Affairs, asking for clarification that all refugee children in India are entitled to education under Articles 14, 21, and 21A of the, in line with the Right to Education (RTE) Act, 2009, irrespective of their nationality.
A reminder was sent on November 28, 2024, but no response has been received.
The petition asserts,
“Article 21A of the Constitution of India does not differentiate between Indian and foreign citizens regarding the provision of education to children aged 6 to 14 years.”
It further emphasizes that,
“Any child within this age group, present on Indian soil, is entitled to free and compulsory education as a fundamental right under Article 21A.”
Additionally, the plea claims that the actions of the Municipal Corporation of Delhi and the Directorate of Education in denying admission to Rohingya refugee children due to the absence of an Aadhaar Card are “arbitrary, unjust, malafide, discriminatory, unethical, and anti-child.”
It argues that these actions infringe upon the fundamental right to education guaranteed by Articles 14, 21, and 21A of the Constitution, as well as the RTE Act, 2009, and the Delhi School Education Act, 1973.
The petition notes,
“The Rohingya refugee children do not possess Aadhaar cards or bank accounts, as these are not permitted by Indian authorities.”
Referencing the Supreme Court’s Constitution Bench ruling in Justice K.S. Puttaswamy (Retd) vs Union of India, decided on September 13, 2023. It concludes by stating,
“The absence of an Aadhaar card cannot be a valid reason to deny school admission to any child,”
Rohingya refugee children are among the most at-risk groups in the world. They have been forced to leave their homes because of severe violence, unfair treatment, and a lack of citizenship in Myanmar’s Rakhine State.