The Supreme Court has sought the Centre's response on a plea seeking release of Rohingya refugees allegedly illegally and arbitrarily detained in jails or juvenile homes across the country.

The matter was placed before the Bench comprising Justices B.R. Gavai and PK Mishra and they have listed the matter after four weeks.

Advocate Prashant Bhushan and Advocate Cheryl Dsouza represented the petition filed by Priyali Sur, an independent multimedia journalist.

Case Brief -

The petitioner asserted that the Rohingya refugees, who have escaped Myanmar, did so due to a situation acknowledged by both the United Nations and the International Court of Justice as genocide and crimes against humanity. Confronting the horrors of genocide in Myanmar and being rendered stateless, these refugees have sought sanctuary in neighboring countries, India included, in multiple waves since the onset of the violence.

It has been argued that despite the backdrop of persecution and the discrimination that forced the Rohingya refugees to flee, they are officially designated as "illegal immigrants" in India, subject to inhumane treatment and restrictions. These restrictions encompass arbitrary arrests, unlawful detentions, constraints on freedom of movement beyond the camps, restricted access to education, minimal or nonexistent access to basic healthcare, legal services, and formal employment opportunities.

“Hundreds of Rohingya refugees including pregnant women and minors, have been detained unlawfully and indefinitely in jails and detention centres across India, despite the UNHCR recognising their status as refugees. They endure severe violations and dehumanising conditions within these detention facilities. They are detained without assigning any reason or often under the Foreigners Act and with no access to legal aid.”

Further, the petition submitted that Rohingya individuals who choose to resettle in other countries and are granted visas, such as Canada and the United States, are being denied exit permissions by the Indian government.

Petitioner argued that the discrimination faced by the Rohingya refugees, and their continued arbitrary and indefinite detention is not only illegal and unconstitutional but also is in violation of the government’s own standard operating procedure for the treatment of refugees in India as well as international human rights law.

It's worth noting that the petitioner has also gathered numerous instances of Rohingya refugees being detained, sentenced under the Foreigners Act, and held indefinitely in jails and detention centers across India, even after completing their sentences. In many cases, these individuals have been detained for periods ranging from 5 to 8 years or more.

Case Title: PRIYALI SUR v. UNION OF INDIA