The Centre has underscored its stance on the issue of Rohingya refugees in India, emphasising that a blanket acceptance of foreigners as refugees, particularly those who have entered the country illegally, cannot be endorsed.
The Centre conveyed its position to the Supreme Court, highlighting concerns over national security arising from the continued illegal migration and presence of Rohingya individuals within the country.
The affidavit submitted to the apex court clarified that India has not ratified the 1951 Refugee Convention or the 1967 Protocol relating to the Status of Refugees. It reiterated that decisions regarding the recognition of refugees fall within the realm of policy and are not subject to judicial intervention.
The Centre emphasised the need to prioritise the welfare of Indian citizens, especially given the country's developmental challenges and limited resources.
Citing a 2005 Supreme Court verdict, the affidavit outlined the risks associated with unchecked immigration and emphasised the national security implications of allowing illegal migration to persist. It highlighted India's vulnerability to cross-border threats due to its porous borders with neighbouring countries and underscored the complex geopolitical dynamics involved in immigration decisions.
The affidavit emphasised that any decisions regarding immigration status are influenced by various factors, including geopolitical considerations, and are not solely legal in nature. It asserted that the petition seeking recognition and rights for Rohingya individuals residing illegally in India is not maintainable as it seeks to alter existing legal frameworks beyond the scope of judicial review.
Furthermore, the Centre reiterated that Rohingya individuals are not Indian citizens and thus fall under the purview of the Foreigners Act of 1946. Granting the petitioner's prayers would effectively undermine this act's provisions and exceed the powers of judicial review, as courts cannot dictate legislative action to Parliament.
The affidavit reaffirms the Centre's position on the Rohingya refugee issue, emphasising national security concerns and the need for a balanced approach that prioritises the welfare of Indian citizens while acknowledging the complexities involved in immigration policy.
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