legal-quandary-sc-revisited-to-aid-rohingya-refugees-in-india-s-immigration-dilemma

The Supreme Court has agreed to hear a plea in March regarding the release of Rohingya refugees who are allegedly detained "illegally and arbitrarily" in jails and detention centers across India.

 

The bench, comprising Justice B R Gavai and Justice Sandeep Mehta, has decided to list the plea for hearing after advocate Prashant Bhushan brought up the matter, emphasizing the urgency due to the prolonged detention of Rohingya refugees.

 

Despite the issuance of notice to the Centre, the Union of India has not filed its reply, prompting the need for an urgent hearing as many Rohingya refugees continue to languish in detention facilities across the country, as pointed out by Bhushan. The apex court had issued notice to the Centre on October 10 last year, seeking its response within four weeks.

 

The petitioner, Priyali Sur, represented by Bhushan, highlighted the plight of Rohingya refugees who are detained in various facilities across India. Sur's plea underscores the refugees' right to life and equality before the law under Article 21 and Article 14 of the Constitution, emphasizing the need for their release to safeguard these fundamental rights.

 

The plea provides background information on the Rohingya refugees, describing them as an ethnic minority from Myanmar's Rakhine state and highlighting their history of persecution and statelessness.

 

Despite being recognized as refugees by the United Nations High Commissioner for Refugees (UNHCR), Rohingya refugees in India face harsh treatment, including arbitrary arrests, limited access to education and healthcare, and restrictions on freedom of movement and employment opportunities.

 

The plea seeks directions from the Court to the Centre to release Rohingya refugees who are unlawfully detained in jails and detention centers, without assigning a reason or for violation of the provisions of the Foreigners Act.

 

Additionally, it calls for refraining from arbitrarily detaining any Rohingya individuals under the pretext of being illegal immigrants. The matter will be heard in March, offering hope for a resolution to the plight of Rohingya refugees in India.