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Supreme Court Seeks Government Report On Facilities Given To The Rohingyas Refugees In India
The Supreme Court on Monday asking the Centre to file a comprehensive report with details of the essential amenities which is providing to Rohingya refugees by 5th May. These will include the details of facilities such as health, sanitation and drinking water that is supplying to the Rohingya refugees in a different camp across the country.
Rajeev Dhawan, an intervenor in the case, says that the court will first have to decide whether the Rohingya are falling into a particular class of people or not. “We are dealing with the people who have nowhere to go. They don’t have a work permit, no Aadhaar card and children cannot go to the school. It is a group of the people who have nobody to turn to for help, worst of the worst,” Dhawan is adding.
The Centre says it cannot discriminate between city slum dwellers and the Rohingyas living in the same settlements in the provision of the facilities and says that it will file a comprehensive report to the court.
This argument was opposing by Ashwini Kumar Upadhyay, one of the petitioners against the proposed deportation, who says that the human rights must apply in full vigor as far as the provision of essential amenities concerned and that this must in line with the Article 21 right that is to live under the Constitution. “The more vulnerable you are, the more protection you need,” Upadhyay says.
The center has the top court on 31st January that the issue regarding deportation of Rohingya refugees to Myanmar is better left to deciding by the executive.
The Additional solicitor general Tushar Mehta says it cannot allow the country to flooded by enabling anybody to enter it and becoming a refugee capital. “Don’t want India to become a refugee capital,” Mehta remarking.
An estimating 40,000 Rohingya Muslims, including the petitioners, living in India and are registered with the UN refugee agency in India.
The highlight of more ramifications on the national security, the center has told apex court September that it should not interfere and let the government decide on fair and just procedure. In an issue of the deportation of Rohingyas, many of having authority crossed the borders seeking a refugee from widespread violence and discrimination in their home country, Myanmar.
Citing India’s large population and its complex social, cultural and economic infrastructure, the center says that it will take a decision keeping in mind the more substantial interest of the nation along with the other factors such as its natural resources, requirements of the country’s population and the national security threating it may pose.
It was submitting that as a sovereign nation, its first and foremost constitutional duty towards its citizens to ensuring that the “demographic and a social structure of the country is not changing to their detriment, that resources of the nation are used to fulfill their fundamental rights and not diverting.
The court is hearing batch of petitions including one filed by the two Rohingya Muslims that is Mohammad Salimullah and Mohammad Shaqir who are currently living in India.
In a 16-page affidavit, the center has held that the current influx of the illegal Rohingya immigrants into India was a “potential threating to internal and a national security” and in such a situation, the government will take a policy decision on the several parameters, diplomatic considerations and potential dangers to the nation.
It was submitting by the petitioners that the proposed deportation was contrary to the constitutional protection under Article 14 equality under the law, Article 21 right to life and Article 51 of the Constitution of India.
Deportation will also result in a violation of the principle of non-refouled that prohibits removal of the refugees to a country where they are facing a threat to their life and has to recognize under the customary international law.
The case is hearing next in the month of 9th May.
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