India’s top court says Rohingya refugees can be deported under domestic law
Indian Supreme Court rejects UNHCR refugee status as legal protection, defers final decision to July amid crackdown in New Delhi
NEW DELHI, India (MNTV) — India’s Supreme Court on Thursday reaffirmed the government’s authority to deport Rohingya refugees under domestic law, stating that individuals found to be “foreigners” under the Foreigners Act can be removed from the country, regardless of their refugee status with the United Nations.
The remarks came during a hearing on a batch of petitions challenging the recent detention and alleged deportation of at least 69 Rohingya refugees from several settlements in New Delhi earlier this week.
The refugees, many of them women and children, were detained on May 6 and 7 from areas including Madanpur Khadar, Shram Vihar, Budella, and Vikaspuri, ostensibly for biometric data collection.
A three-judge bench comprising Justices Surya Kant, Dipankar Datta, and N. Kotiswar Singh stated that if the individuals are found to be ‘foreigners’ under the Foreigners Act, they would be dealt with in accordance with law.
“If they have a right to stay here, it will be acknowledged. However, if they do not have a right, they will be deported as per the procedure prescribed in law,” Justice Kant observed.
The petitioners, represented by senior advocates Colin Gonsalves and Prashant Bhushan, argued that the Rohingya—declared stateless by Myanmar—faced grave threats of persecution if deported, and were entitled to protection under the international principle of non-refoulement.
Many of those detained, they said, are registered with the United Nations High Commissioner for Refugees (UNHCR), and some are seriously ill or accompanied by newborn children.
One petition, accessed by Maktoob Media, alleged inhumane treatment of detainees, including lack of food, medical care, and denial of milk for infants at the Inderlok Detention Centre in Delhi.
However, the court appeared unmoved by these arguments. Justice Datta pointed out that while Articles 14 and 21 of the Indian Constitution—guaranteeing equality and right to life—apply to all individuals, the right to reside or settle in India under Article 19(1)(e) is reserved exclusively for Indian citizens.
“You do not have a right to settle here,” he told the petitioners.
Solicitor General Tushar Mehta, representing the government, said India is not a signatory to the 1951 UN Refugee Convention and retains absolute powers under Section 3 of the Foreigners Act to regulate or restrict the entry and stay of foreigners, particularly when national security is invoked.
He added that international law can only apply insofar as it aligns with Indian domestic law.
The petitioners also referenced India’s obligations under the Genocide Convention, with Mr. Bhushan warning that deporting Rohingya to Myanmar amounted to complicity in genocidal acts.
Mr. Gonsalves emphasized that non-refoulement had become a norm of jus cogens—a binding principle of international customary law—regardless of treaty status.
The court did not order any immediate relief and scheduled the matter for next hearing in July.
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