The Supreme Court on February 12 emphasised that education is a fundamental right and should be provided without discrimination, including for children of Rohingya refugees who are struggling to secure school admissions due to the absence of Aadhaar cards.
A bench comprising Justices Surya Kant and N Kotiswar Singh was hearing a public interest litigation (PIL) filed by the NGO Rohingya Human Rights Initiative, which seeks directives to ensure that Rohingya refugees in Delhi are granted school admissions and access to government benefits, irrespective of their citizenship status.
Court Emphasises Non-Discriminatory Access to Education
During the hearing, the bench reaffirmed that discrimination in education cannot be permitted under any circumstances. Senior Advocate Colin Gonsalves, representing the petitioner, detailed the plight of Rohingya refugee children who are being denied entry into public schools due to their inability to provide Aadhaar cards.
“They are refugees recognised by the United Nations High Commissioner for Refugees (UNHCR) and therefore do not qualify for Aadhaar enrollment. However, this has resulted in their exclusion from essential services, including education,” Gonsalves submitted.
The Court indicated that relief would be considered once the details of their residence were submitted. It reiterated its commitment to ensuring no discrimination in education, emphasizing the need to verify the refugees’ living situation before taking further action.
The matter is scheduled for another hearing on February 28.
Court’s Earlier Directives
On January 31, the apex court directed the petitioner to submit detailed information about the settlements of Rohingya refugees in Delhi and the facilities available to them. The court had asked senior advocate Colin Gonsalves, representing the NGO, to file an affidavit specifying the locations where the refugees are residing and the conditions of their settlements.
During previous proceedings, Gonsalves informed the court that Rohingya refugees in Delhi are settled in various locations, including Shaheen Bagh and Kalindi Kunj, where they live in slum dwellings, and Khajuri Khas, where they reside in rented accommodations. He emphasised that without Aadhaar cards, these refugees are being denied access to government-run schools and hospitals.
Type of Settlement to Determine Relief
The Supreme Court, while considering the plea, noted the importance of determining whether the refugees were living in organised camps or scattered across residential areas. The bench observed that the nature of relief granted would depend on the specific living conditions of the Rohingya community in Delhi.
Initially, the court was of the view that since the issue pertained specifically to Delhi and involved a challenge to a circular issued by the Delhi government, the matter could be more appropriately addressed by the Delhi High Court. However, the NGO maintained that the case required urgent intervention at the apex level due to its broader implications for refugee rights.
Plea Seeks Comprehensive Relief
The petition urges the authorities to ensure free education for all Rohingya children, allow them to appear for examinations without Aadhaar-based restrictions, and extend government benefits such as free healthcare, subsidised food, and entitlements under the Food Security Act. The plea argues that basic human rights should not be denied based on citizenship status, especially when India has recognised its international obligations towards refugees.
Previous Legal Developments and High Court Ruling
The issue of Rohingya children’s access to education has been previously addressed in legal forums. The Delhi High Court had earlier dismissed a similar petition, directing the petitioners to approach the Union Ministry of Home Affairs instead. The High Court had remarked that the judiciary should not serve as a medium for resolving such administrative matters, emphasising that refugee-related policies fall under the purview of the central government.
Additionally, a separate appeal, Social Jurist, A Civil Rights Group vs. Municipal Corporation of Delhi & Anr, which challenges the denial of school admissions to Rohingya children, is pending before the Supreme Court. The last hearing on this case took place on January 27, during which the court granted the petitioner additional time to submit details on families living in regular residential areas instead of makeshift camps. That appeal is scheduled to be heard again on February 17.
