The Supreme Court of India has recently requested the Centre to respond to a petition regarding the indefinite detention of Rohingya asylum seekers and refugees in the country.
The court issued a notice on August 12, setting the return date for August 27, 2024. Chief Justice DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, has directed the Centre and other relevant parties to file a response.
The petition, filed by Rita Manchanda, challenges the prolonged detention of Rohingya refugees, including young women and children, arguing that it violates established legal procedures. The petition was supported by advocates Ujjaini Chatterji, T. Mayura Priyan, Racheeta Chawla, and Shrey Ravi Dambhare.
Manchanda, a prominent scholar in South Asian conflicts and peacebuilding, has prepared a report titled "Destinies Under Detention: A Case for the Right to Dignity & Humane Treatment of Rohingya Refugees in India."
The report highlights numerous issues faced by Rohingya detainees, including inadequate access to clean water, nutritious food, and medical care. It also notes the severe lack of mental health support for young women who have suffered sexual violence and human trafficking.
The report documents distressing conditions within detention centres, including the deaths of two individuals, one of whom was a minor. Manchanda's findings suggest that many detainees have not received proper notices or had the opportunity to present their cases as refugees.
Additionally, the report points out that detained Rohingya children are denied education and vocational training, while labour performed within the centres is unpaid.
The petition further alleges that the continued detention of Rohingyas amounts to cruel, inhuman, and degrading treatment, which is a form of torture. Manchanda argues that the current conditions and the procedural lapses in the treatment of Rohingya detainees need urgent redress.
She calls for the Centre to provide detailed information about all Rohingyas detained under the Passport Act of 1929 and the Foreigners Act of 1946. This includes their names, ages, detention orders, and any communication with the Myanmar Embassy regarding deportation.
Moreover, the petition urges the Supreme Court to direct the authorities to issue identity documents to stateless detainees as per the Passport Rules of 1980.
It also requests the assessment of refugee status claims within three months and either the granting of a long-term visa or arranging for third-country resettlement, in line with the Standard Operating Procedure (SOP) dated March 20, 2019.
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