On February 28, the Supreme Court of India issued an important verdict on a PIL (Public Interest Litigation) stating that children of Rohingya’s have UNHCR (United Nations High Commissioner for Refugees) cards can approach government schools for admission with no Aadhar card and other verification documents are required. They can also move to the High Court if the admission is denied. A bench of Justices Surya Kant and N Kotiswar Singh has already given a similar order on February 12, stating that no child should be denied education.
The petition was filed by the Rohingya Human Rights Initiative (ROHRINGYA) against the Government of the National Capital Territory (NCT) of Delhi and associated parties seeking direction from the authorities regarding the admissions in government schools and access to health care facilities without Aadhar card or citizenship verification.
What does the Supreme Court say?
On January 31, the apex court asked the NGO to tell the court where Rohingya refugees are settled in the city and what facilities are available for them. The Court asked Senior Advocate Colin Gonsalves (representing the petitioner NGO) to file an affidavit indicating their places of settlement in Delhi. In the affidavit, Gonsalves told that Rohingya refugees resided in Shaheen Bagh, Kalindi Kunj and Khajuri Khas areas of Delhi. “In Shaheen Bagh and Kalindi Kunj, they are residing in slums, while in Khajuri Khas, they are residing in rented accommodations,”. Gonsalves said the court may record its direction in the order which will pave the way for 500 students to get admission to government schools.
A similar kind of petition filed by an NGO Social Jurist was dismissed by the Delhi High Court on October 29, 2024, A bench led by Chief Justice Manmohan and Justice Tushar Rao Gedela dismissed the plea by saying that matters related to refugee admissions in schools should be addressed through the government authorities rather than the judiciary. They also said that the Right to Education is for Indian citizens. Giving admissions to Rohingya immigrants is a matter of policy and national security. The High Court advised the petitioner to submit the representation (memorandum of appeal) to the Home Ministry to seek relief for the children. The Delhi government had issued an order in December asking schools to stop enrollment of children of illegal Bangladeshi immigrants.
Earlier, in November, a civil rights group had written to the Union Home Ministry saying that several Myanmar Rohingya refugee children living in Shri Ram Colony, located near Khajuri Khas Chowk, were refused admission to a government school due to lack of essential documents like Aadhaar card.
Government to take strict action against intruders’ network
In a high-level meeting held on February 27, Union Home Minister Amit Shah directed authorities to take strict action against the entire network assisting Bangladeshi and Rohingya intruders illegally entering the country and settling in India. In this review meeting, newly elected Delhi Chief Minister Rekha Gupta, Home Minister Ashish Sood, Delhi Commissioner of Police Sanjay Arora, and senior officials were present. This is the first meeting after a decade in the presence of the Delhi Chief Minister and Home Minister.
Rising population of Rohingya threat to national security
A Jawaharlal Nehru University (JNU) report “Illegal Immigrants to Delhi: Analysing Socio-economic and Political Consequences” has analysed illegal migration from Bangladesh and Myanmar’s effect on Delhi’s socio-economic and political situations.
The 114-page report indicates a rising Muslim population, changing the city’s demography. It shows that political actors have enabled voting registration for the illegal migrants, which is worrying for electoral integrity. The influx has put pressure on public services such as healthcare, education, and transport, resulting in overcrowding and uncontrolled urban growth. The report also attributes illegal migration to the expansion of criminal networks engaged in smuggling and human trafficking.
According to a report published by the Hindi daily Jagran on August 9, 2023, the estimated number of Rohingya and Bangladeshi intruders in Delhi is around five lakhs. Delhi Police had formed a Bangladeshi cell in the year 2003 to arrest Rohingya and Bangladeshi infiltrators. Its positive effect was also visible for a few years.
How do other countries around the world treat Rohingya’s?
Countries around the world have adopted varying approaches to dealing with illegal Rohingya Muslim migration, often citing national security, demographic concerns, and economic burdens.
India has taken a strict stance, treating Rohingyas as illegal immigrants and a potential security threat. The Indian government has deported several Rohingyas, particularly from Jammu and Kashmir, where they are viewed as a demographic concern. Despite international pressure, India refuses to recognise them as refugees, emphasising concerns over radicalisation and illegal settlement.
Similarly, Bangladesh, which hosts over 1.2 million Rohingyas in Cox’s Bazar, initially provided shelter but now struggles with the overwhelming burden. To ease pressure, Bangladesh has attempted to relocate refugees to Bhasan Char, an isolated island, while simultaneously pressing Myanmar for their repatriation, albeit with limited success.
Malaysia, once seen as a refugee-friendly country, has hardened its stance. The government has conducted raids and mass detentions, with Rohingyas facing deportation or being denied entry at sea, particularly during COVID-19 lockdowns. Public resentment has also grown, with locals blaming the refugees for straining welfare resources.
Indonesia, on the other hand, has shown limited tolerance, allowing some Rohingyas to land but without granting them citizenship or permanent refuge. In Aceh, local protests have erupted, demanding the removal of Rohingya migrants.
Thailand has opted for detention and interception policies, often preventing Rohingyas from entering or keeping them in poor detention conditions.
In the Middle East, Saudi Arabia, which once offered temporary refuge, has deported and detained many Rohingyas in recent years. Without legal refugee status, many in Saudi Arabia live under harsh conditions with no access to citizenship.
Pakistan has a significant Rohingya population, mainly in Karachi, but does not grant them citizenship or refugee status. While they have somewhat integrated into local communities, they continue to face discrimination and limited access to education and jobs.
Meanwhile, Western countries like the United States and parts of Europe have accepted a small number of Rohingya refugees under humanitarian programs. However, stricter immigration policies and anti-refugee sentiments have made large-scale resettlement difficult.
Overall, most countries perceive Rohingya migration as a regional crisis rather than a global humanitarian issue. While Bangladesh bears the heaviest burden, nations like India, Malaysia, Thailand, and Saudi Arabia have toughened their stance, opting for deportations, detentions, or forced relocations rather than long-term integration.
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