Supreme Court of India
The Apex court has sought reports from Centre over the plea of release of Rohingya refugees who are illegally and arbitrarily detained in jails/detention centres or juvenile homes across the nation.
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The petitioner contended that the incarceration of the refugees is a violation of the fundamental right to equality before the law (Article 14) and the protection of life and personal liberty guaranteed under Article 21, available to all – citizens and others – under the constitution of India.
This petition was filed by Priyali Sur, an independent multimedia journalist. In her plea she said that the continued detention of the Rohingya refugees are illegal and unconstitutional, violation of fundamental rights guaranteed under Articles 21 and 14 of the Constitution, guaranteed to all persons residing in India.
She said that that these refugees from Myanmar have fled their country to escape genocide – a situation that has been recognised by the United Nations and the International Court of Justice as a crime against humanity.
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Facing genocide in Myanmar and being stateless people, the Rohingya refugees have fled to neighbouring countries, including India. She further said in her petition that Rohingya in India face “growing anti-Muslim and anti-refugee xenophobia” and live in constant fear of detention and even deportation back to the genocidal regime from which they fled
