Case Note & Summary
The Supreme Court of India addressed an interlocutory application filed by two Rohingya refugees from Myanmar, seeking their release from detention and a prohibition on their deportation. The petitioners claimed to have registered as refugees with the United Nations High Commission for Refugees and alleged that they fled Myanmar due to ethnic violence in December 2011. They highlighted that approximately 150-170 Rohingya refugees were detained in a sub-jail in Jammu, facing imminent deportation back to Myanmar. The petitioners argued that the principle of non-refoulement is part of the right to life under Article 21 of the Constitution, and that India, despite not being a signatory to the Refugee Convention, is bound by various international human rights treaties. The Union of India countered that the petitioners are foreigners under the Foreigners Act, 1946, and that the government has the absolute right to deport foreigners, citing national security concerns. The court noted that while Articles 14 and 21 apply to all persons, the right not to be deported is linked to the right to reside in India, which is limited to citizens. The court ultimately denied the interim relief sought by the petitioners but clarified that deportation could not occur without following the prescribed procedure. The interlocutory application was disposed of accordingly.
Headnote
A) Constitutional Law - Right to Life and Personal Liberty - Non-refoulement Principle - Constitution of India, 1950, Article 21 - The petitioners contended that the principle of non-refoulement is part of the right guaranteed under Article 21, asserting that deportation would violate their rights. The court acknowledged that while rights under Articles 14 and 21 are available to non-citizens, the right not to be deported is linked to the right to reside under Article 19(1)(e). Held that interim relief could not be granted without following due procedure (Paras 12-15).
Issue of Consideration
Whether the court should grant interim relief to Rohingya refugees against deportation and for their release from detention.
Final Decision
The court dismissed the interlocutory application for interim relief, stating that the Rohingyas in Jammu shall not be deported unless the prescribed procedure is followed.
Law Points
- non-refoulement
- Article 21
- Articles 14 and 21
- Foreigners Act
- 1946
- Article 19(1)(e)
- international conventions
