Topics Covered: India and its neighbourhood- relations.
SC turns down release of Rohingya in Jammu:
Context:
The Supreme Court has said the Rohingya illegal migrants, detained in Jammu, will not be deported to Myanmar without following law.
- Centre assured court that law will be scrupulously followed in deporting Rohingya migrants.
What’s the case?
A plea was filed in the court to “release the detained Rohingya refugees immediately and direct the Union Territory government and the Ministry of Home Affairs to expeditiously grant refugee identification cards for the Rohingyas in the informal camps”.
What has the court said?
Though Article 14 and Article 21 enshrined in the Constitution are available to both citizens and foreigners, the right “not to be deported” is ancillary to citizenship.
- The right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of the territory of India guaranteed under Article 19(1)(e).
- Article 19 (1) (e) of the Constitution guarantees to every citizen of India, the right “to reside and settle in any part of the territory of India”.
Laws and regulations regulating refugees in India:
In India, no legislation has been passed that specifically refers to refugees. Hence, the Rohingya refugees are often clubbed with the class of illegal immigrants deported by the government under the Foreigners Act 1946 and the Foreigners Order 1948. Legally, however, a refugee is a special category of immigrant and cannot be clubbed with an illegal immigrant.
InstaLinks:
Prelims Link:
- Who are Rohingyas?
- Location of Rakhine State.
- About the International Court of Justice.
- ICJ vs International Criminal Court.
Mains Link:
Write a note on Rohingya Crisis.
Sources: the Hindu.
