Context:
Rohingyas are foreigners and may be dealt with as per the Foreigners Act: Supreme Court
Recent Supreme Court’s Observation:
- The Supreme Court (SC) ruled that Rohingya refugees cannot claim relief based on UNHCR-issued refugee cards.
- UNHCR-issued identity cards do not provide legal protection against deportation in India.
- UNHCR (United Nations High Commissioner for Refugees) is a global body that protects refugees, displaced communities, and stateless individuals.
- India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, meaning it does not have binding international obligations regarding refugee status.
Statutory Provisions in India Related to Refugees & Deportation:
- India lacks a dedicated refugee law; cases are handled individually based on bilateral policies.
- Refugees are legally classified as ‘aliens’ or ‘foreigners’ under Indian law.
- Foreigners Act, 1946 – Grants the Central Government the authority to detain and deport foreign nationals staying illegally in India.
- Passport (Entry into India) Act, 1920 – The Centre can order the removal of any foreigner who enters India without a valid passport or visa.
- Constitutional Provisions – Articles 258(1) & 239(1) empower States and Union Territories (UTs) to enforce deportation laws.
Other Legal Considerations:
- India follows the principle of non-refoulement, as outlined in the Bangkok Principles on Status and Treatment of Refugees (1966).
- Non-refoulement prohibits the transfer of individuals to a country where they may face fundamental rights violations.
- Mohammad Salimullah & Ors vs. Union of India & Ors (2021) – The Supreme Court affirmed that Articles 14 & 21 apply to all persons, including non-citizens.
- However, the right not to be deported is linked to Article 19(1)(e), which applies only to Indian citizens.
Source: TH
Previous Year Question
Consider the following statements:
1. Bidibidi is a large refugee settlement in north-western Kenya.
2. Some people who fled from South Sudan civil war live in Bidibidi.
3. Some people who fled from civil war in Somalia live in Dadaab refugee complex in Kenya.
Which of the statements given above is/are correct?
[UPSC Civil Service Exam – 2022 Prelims]
(a) 1 and 2
(b) 2 only
(c) 2 and 3
(d) 3 only
Answer: (c)
Explanation:
Statement 1 is not correct. Bidibidi refugee camp is located along the South Sudan border in Uganda.