SC Seeks Centre's Response on Indefinite Detention of Rohingya Refugees

The Supreme Court has requested a response from the Central Government regarding a plea seeking the release of Rohingya asylum seekers and refugees who are currently facing indefinite detention in India. In an order dated August 12, the court stated, "Issue notice returnable on August 27, 2024."

A bench led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, has asked the Centre and other respondents to file a reply to the Public Interest Litigation (PIL). The PIL challenges the indefinite detention of Rohingya refugees, including women and children, asserting that this practice violates procedures established by law.

The petition, filed by Rita Manchanda, argues that the detained Rohingyas have been held for over two years under the Foreigner’s Act, 1946, and the Passports Act (Entry into India), 1929. The petitioner has urged the Supreme Court to direct the release of these detainees, subject to reasonable restrictions.

Represented by advocates Ujjaini Chatterji, T. Mayura Priyan, Racheeta Chawla, and Shrey Ravi Dambhare, Manchanda is a distinguished scholar in South Asian conflicts and peacebuilding. She, alongside her co-author Manahil Kidwai, prepared a report titled "Destinies Under Detention: A Case for the Right to Dignity & Humane Treatment of Rohingya Refugees in India," documenting the cases of Rohingyas detained across various detention centres, juvenile homes, and welfare centres in India. The petition claims the report provides evidence that the detainees were not served any notice or given an opportunity to present their cases as refugees.

The petition highlights that several detainees lack access to clean drinking water and nutritious food, with young Rohingya women, who are survivors of sexual violence and human trafficking, being held without mental health support and limited medical care. The petition also documents two deaths, including that of a minor, within the detention centres, raising alarm about the living conditions.

The petition further notes, "Rohingya children are not being given any education or even vocational training which renders them with no future to look forward to." It also points out that the detainees are not paid for their labour within the centres, violating their rights to health and human dignity. The continued detention is described as constituting "cruel, inhuman and degrading treatment, which amounts to torture."

Manchanda's petition aims to present evidence of procedural lapses and inhumane conditions within the detention centres. She emphasizes the complexity of the situation, particularly given the Rohingyas' status as a persecuted community, with trafficked women and children complicating the challenges further.

In her petition, Manchanda calls for the Centre to provide details on all Rohingyas detained under the Passport Act 1929 and the Foreigners Act 1946, including names, gender, age, detention orders, communication with the Myanmar Embassy regarding deportation, and the status of their refugee claims. The petition also requests that identity documents be issued to the stateless detainees under the provisions of The Passport Rules, 1980, and urges the assessment of their refugee status within three months in accordance with the Standard Operating Procedure dated March 20, 2019. Manchanda suggests that the Rohingyas be granted long-term visas or resettled in a third country within the specified time frame.

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