SC No Discrimination in Education, Including for Rohingya Immigrant Children

SC No Discrimination in Education, Including for Rohingya Immigrant Children

On Wednesday, the Supreme Court emphasized that there should be no discrimination in providing education, including for children of Rohingya immigrants who are facing challenges in gaining school admissions.

The Court was hearing a public interest litigation (PIL) filed by the NGO, Rohingya Human Rights Initiative, seeking directives to ensure that Rohingya refugees are granted school admissions and government benefits without the requirement of Aadhaar cards and regardless of their citizenship status.

The Bench, consisting of Justices Surya Kant and NK Singh, heard the matter briefly, with the Court affirming that there should be no discrimination in terms of education.

Senior Advocate Colin Gonsalves, representing the petitioner, described the dire situation faced by the Rohingya refugees, noting their difficulty in securing school admissions.

The Court requested information confirming the refugees' current places of residence in order to explore possible relief options. It stressed that personal details of minor children should not be disclosed, but the focus should be on the parents’ residence, including proof of location, such as house numbers and family lists.

Gonsalves clarified that the Rohingyas hold United Nations High Commissioner for Refugees (UNHCR) cards recognizing their refugee status.

The Court indicated that relief would be considered once the details of their residence were submitted. It reiterated its commitment to ensuring no discrimination in education, emphasizing the need to verify the refugees’ living situation before taking further action.

The matter is scheduled for another hearing on February 28.

Earlier, the Delhi High Court had dismissed a similar petition seeking school admissions for Rohingya children, directing the petitioners to approach the Union Ministry of Home Affairs instead. The High Court had noted that the Court should not serve as the medium for resolving such issues.

An appeal related to the case (Social Jurist, A Civil Rights Group vs. Municipal Corporation of Delhi & Anr) is currently pending before the Supreme Court. The petition was last heard on January 27, where the Court granted additional time to the petitioner to submit details of Rohingya families living in regular residential areas instead of makeshift camps. This plea will be heard again on February 17.

Case Title: Rohingya Human Rights Initiative v. Govt. NCT of Delhi and ors

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