09-May-2025 Daily Answer Writing
Q1) How has the Supreme Court of India interpreted the rights of refugees like the Rohingya under Indian constitutional and legal frameworks?
(GS Paper 2, 10 marks, 150 words)
Answer:
The Supreme Court of India, while hearing petitions challenging the deportation of Rohingya refugees, reaffirmed that although refugees are entitled to certain constitutional protections, the Indian state retains the sovereign right to regulate their stay.
Legal Framework and Interpretation:
- India is not a signatory to the 1951 UN Refugee Convention, nor its 1967 Protocol, so international obligations are non-binding.
- Under the Foreigners Act, 1946, the Centre holds absolute power to expel foreigners in national interest.
- The Court upheld that Article 14 (equality before law) and Article 21 (right to life) apply to all persons, including refugees. However, Article 19(1)(e)—right to reside—is restricted to citizens.
Judicial Stand:
- Deportation is valid if done under due process.
- Security concerns outweigh international refugee status unless codified in Indian law.
Conclusion:
The Supreme Court’s interpretation balances humanitarian concerns with national security imperatives, reflecting India’s cautious, law-driven refugee policy.
Read More – 08 May 2025 : Daily Answer Writing
