The Supreme Court of India on Thursday (July 31) identified the central question in the long-standing legal battle concerning the Rohingya population living in India, whether they are to be recognised as refugees or are called as illegal entrants.
A bench comprising Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh made the observation while hearing a batch of petitions concerning the status, rights, and treatment of Rohingyas in India. The court emphasised that this preliminary classification would dictate the course of further legal proceedings and decisions.
“The first major issue is simple: Are they refugees or illegal entrants?” remarked Justice Surya Kant during the hearing.
The bench clarified that once the core classification is established, other consequential legal questions can be addressed. If the Rohingyas are held to be refugees under Indian or international standards, the court would have to determine what rights and protections they are entitled to.
Conversely, if they are declared illegal entrants under Indian law, the court must examine whether actions taken by the central and state governments, such as detention and deportation, are in accordance with constitutional and statutory provisions.
One of the pivotal concerns raised by the court was the legality of prolonged detention. The bench questioned whether individuals identified as illegal entrants can be held in detention indefinitely or whether they should be released on bail under conditions prescribed by the court.
“Are they at least being given basic facilities?” the bench inquired, indicating the court’s concern about potential rights violations even outside detention centers.
The Supreme Court mentioned that it cannot formulate or interfere with policy but can only lay down legal principles that should guide the executive. Particularly on the issue of deportation, the court noted that its role is limited to interpreting the legality of government action rather than directing foreign or refugee policy.
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