New Delhi, March 22: In a significant move, the Union of India (UOI), in its affidavit filed before the Supreme Court, said and made it clear to it that illegal Rohingya Muslim migrants do not have a fundamental right to reside and settle in India and deal with them under Foreigners Act.
The Union govt filed the affidavit in the apex court while being asked by it to respond to a plea filed by a petitioner, Priyali Sur, seeking appropriate directions in the issue, including that of releasing detained Rohingyas.
The UOI, told the apex court that those illegally entering to India, would be dealt with in law and in accordance with the provisions of the Foreigners Act.
“Since India is not a signatory to the 1951 Refugee Convention and its Protocol relating to the Status of Refugees, it (UOI) would handle the issue of Rohingyas based on its own domestic framework,” the UOI said in its affidavit.
The Centre also pointed out that in this respect, the judiciary cannot create a separate category for granting refugee status to those illegally entering the country.
It stressed on the fact that India does not recognize UNHCR (United Nations High Commissioner for Refugees) cards, which some Rohingya Muslims have used to claim refugee status. It also in its reply highlighted the concerns about illegal migration and activities such as obtaining fake Indian identity documents and human trafficking, which pose security threats.
“Continuance of Rohingyas' illegal migration to India and their stay in India, apart from it being absolutely illegal, is fraught with serious security ramifications,” the reply of the UOI said.
The Supreme Court is expected to hear the pleas after Holi vacation.
