Illegal Rohingya : Article 21 Says foreigner has no right to settle in India: Government’s argument in the Supreme Court: The government said in an affidavit that a foreign citizen has the right to life and liberty under Article 21 of the Indian Constitution and he should not settle in the country. No right to reside and settle. This right is available only to Indian citizens.
The central government has told the Supreme Court that illegal Rohingya Muslim immigrants have no fundamental right to live and settle in India and the judiciary has asked Parliament and the Supreme Court to create a separate category to grant refugee status to those who entered India illegally. Cannot enter into the legislative and policy domain of the executive. Citing several Supreme Court decisions, the government said in an affidavit that a foreigner has only the right to life and liberty under Article 21 of the Constitution and does not have the right to reside and settle in the country. Only Indian citizens have this right. The government has said in its affidavit that India does not recognize the UNHCR refugee cards that some Rohingya Muslims have secured to use as a basis for claiming refugee status.
‘Illegal migration of Rohingyas to India can create serious security problem’
The government has said in its affidavit that India is already struggling with large-scale illegal migration from the neighboring country (Bangladesh). Bangladesh has changed the demographic profile of its bordering Indian border states (Assam and West Bengal) due to illegal migration. It said that the continued illegal migration of Rohingyas to India and their stay in India, besides being completely illegal, has serious security implications. The affidavit said there is credible information about a large number of Rohingyas in various parts of the country obtaining fake/fabricated Indian identity documents, human trafficking, indulging in subversive activities, which pose a threat to internal and national security.
Priyali Sur is fighting for the release of Rohingyas
Responding to petitioner Priyali Sur’s plea for the release of detained Rohingyas, the government said those entering India illegally will be dealt with as per the provisions of the Foreigners Act. It said India, not being a signatory to the 1951 Refugee Convention and the Protocol Relating to the Status of Refugees, would deal with the Rohingyas as per its domestic framework.
Criticizing the petitioner’s plea to treat the Rohingyas at par with refugees from Tibet and Sri Lanka, the affidavit said whether any class of persons is to be recognized as refugees or not is a pure policy decision. There can be no recognition of refugee status outside the legislative framework and such declaration of refugee status cannot be made by judicial order. Equality rights are not available to foreigners and illegal immigrants.