The Indian government has filed an affidavit before the Supreme Court, rejecting claims by Rohingya refugees of a fundamental right to reside in India. The affidavit was submitted in response to a Public Interest Litigation (PIL) seeking the release of detained Rohingya.
The Centre maintains that Rohingya, classified as illegal migrants, cannot enjoy the same rights as Indian citizens. India's vast population and limited resources necessitate prioritising the welfare of its own citizens, the affidavit argues.
The government further emphasises the dangers of unchecked immigration, particularly when a significant number of foreigners enter illegally.
It asserts that refugee status can only be granted through a legislative framework, not by judicial order.
This stance aligns with the Centre's longstanding position of viewing Rohingya as illegal immigrants rather than refugees. Official estimates in 2017 placed the Rohingya population in India at approximately 40,000, with a significant rise observed in recent years.
The development coincides with the implementation of the Citizenship Amendment Act (CAA) and its newly notified rules. The CAA offers a pathway to Indian citizenship for persecuted minorities from Pakistan, Afghanistan, and Bangladesh who entered India before December 31st, 2014.
Who are the Rohingya?
The Rohingya are an ethnic Muslim population primarily residing in Myanmar's Rakhine province. A surge in Rohingya departures from Myanmar began in 2012 following clashes with the country's dominant Buddhist communities. The Myanmar government denies Rohingya Muslims citizenship.
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