Today (February 29th), the Supreme Court has agreed to consider in March a petition requesting the government to release Rohingya refugees who are reportedly detained “illegally and arbitrarily” in prisons and detention facilities throughout the nation.
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NEW DELHI: The Supreme Court today agreed to schedule a hearing in March for a petition urging the government to release Rohingya refugees who are allegedly detained “illegally and arbitrarily” in prisons and detention centers nationwide.
A bench comprising Justice B R Gavai and Justice Sandeep Mehta consented to list the plea after advocate Prashant Bhushan brought up the matter, highlighting that it hadn’t been scheduled for hearing. Bhushan asserted that despite notice being served to the Centre, there has been no response filed by the Union of India to date. He emphasized the urgency of the matter, citing numerous Rohingya refugees enduring detention in various regions of the country.
The apex court confirmed it would list the case for March.
Last year, on October 10, the Supreme Court had issued notice to the Centre, requesting its response within four weeks.
Bhushan, representing petitioner Priyali Sur, had argued that many Rohingya refugees are being held in facilities across India and urged for their release to safeguard their fundamental rights enshrined in Article 21 and Article 14 of the Constitution, pertaining to the right to life and equality before the law, respectively.
Sur’s petition highlighted that Rohingyas, originating from Myanmar’s Rakhine state, are deemed by the United Nations as the world’s most persecuted ethnic minority. It emphasized their history of statelessness since 1980, primarily due to Myanmar’s 1982 Citizenship Law, which effectively stripped them of citizenship.
“They have a history of statelessness since 1980, primarily as a consequence of the 1982 Citizenship Law enacted in Mynamar, which effectively stripped them of their citizenship,”
-it said.
The plea said that Rohingya refugees have fled to neighbouring countries, including India, to escape persecution that has been dubbed by the United Nations and the International Court of Justice as genocide and crime against humanity.
It said despite this background of persecution and discrimination, Rohingya refugees in India are officially labelled as “illegal immigrants” and face inhumane treatment and restrictions.
“These include arbitrary arrests and unlawful detentions, limits on freedom of movement outside camps, limited access to education, limited or no access to basic healthcare and legal services or any formal employment opportunities,”
-the plea said.
Hundreds of Rohingya refugees, including pregnant women and minors, have been detained unlawfully and indefinitely in jails and detention centres across India, despite the United Nations High Commissioner for Refugees (UNHCR) recognising their status as refugees, it added.
The plea sought direction to the Centre to release the Rohingyas who have been detained illegally and arbitrarily in jails and detention centres or juvenile homes, either without assigning a reason or for violation of the provisions of the Foreigners Act.
It also sought direction to the government to refrain from arbitrarily detaining any Rohingya, accusing them of being illegal immigrants or under the Foreigners Act.
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