The Supreme Court of India on Thursday agreed to hear important legal questions about Rohingyas living in the country — whether they should be considered refugees or illegal immigrants, and whether they can be detained indefinitely without trial.
A three-judge bench led by Justice Surya Kant, along with Justices Dipankar Datta and N. Kotiswar Singh, was hearing a series of petitions about the deportation and living conditions of Rohingyas in India. The Court decided to separate and focus on the core legal issues before proceeding further.
The judges said that the main questions to be addressed are: “Can Rohingyas be officially recognised as refugees, and if yes, what rights and protections should they receive? If they are seen as illegal entrants, is the government justified in deporting them? Even if considered illegal, can they be jailed for unlimited periods, or should they be granted bail under certain conditions? Also, for those not detained but living in refugee camps, are they being provided basic needs like clean water, sanitation, and education, as guaranteed under Article 21 of the Constitution?”
The Court also said it would examine whether the government has a legal responsibility to deport Rohingyas if they are deemed illegal immigrants.
Although the judges didn’t give a fixed date for the next hearing, they made it clear that the questions raised will be addressed directly rather than through temporary or interim orders.
Justice Datta stated, “They are all foreigners. We will also consider whether the Foreigners Act applies to them or not.”
Senior advocate Colin Gonsalves, representing the Rohingya Human Rights Initiative, raised the case of a woman named Rajubala, whose husband and 30 other Rohingyas have been detained in Assam as foreigners. He asked the Court to treat her case as part of the wider Rohingya issue.
Lawyer Prashant Bhushan also pointed out concerns about prolonged detention of people in Assam who have been declared foreigners. He said, “The key question here is whether Rohingyas should be seen as refugees or illegal migrants. All the legal debates lead back to how the Foreigners Act is interpreted.”
The petitions filed in the Supreme Court have asked for relief on various matters, including the deportation of Rohingyas, their access to health care, sanitation, clean drinking water, shelter, and education.
The judges said they would take up these matters together and come to a clear decision. “If they don’t have the right to stay, then the government must follow legal procedures for deportation,” the Court said.
