Rohingyas are Foreigners and may be dealt with as per the Foreigners' Act: Supreme Court

Posted 09 May 2025

2 min read

The Supreme Court (SC), while hearing petitions related to deportation and living conditions of Rohingya refugees, highlighted that they cannot claim reliefs based on the UNHCR cards.

UNHCR (UN High Commissioner for Refugees) is a global organization to protect refugees, forcibly displaced communities, and stateless people.
- India is not a signatory to the 1951 Convention on Refugees and its 1967 Protocol.

Statutory Provisions in India related to Refugees and Deportation

India does not have a separate law to deal with ‘refugees’. Thus, case for refugee ‘status’ are considered on a case-by-case basis based on the policy of bilateralism.
- Refugees come under the definition of ‘alien’ and ‘foreigners’.
Foreigners Act, 1946: Section 3 of the Foreigners Act vest the Central Government with powers to detain and deport foreign nationals staying illegally in the country.
Passport (Entry into India) Act, 1920: Centre may direct the removal of any foreigner from India who enters India without passport & visa.
- According to Articles 258(1) and 239(1) of the Constitution, States/UTs are also entrusted with these powers.

Other Provisions

India accepted the principle of non-refoulement as envisaged in the Bangkok Principles on Status and Treatment of Refugees, 1966.
- Principle of non-refoulement prohibits transfer of a person from one authority to another when there are substantial grounds for believing that person would be in danger of being subjected to fundamental rights violation.
Mohammad Salimullah and Ors vs. Union of India and Ors (2021): SC highlighted that rights under Articles 14 and 21 are available to all persons (including non-citizens). But the right not to be deported, is ancillary or concomitant to the right to reside or settle under Article 19(1)(e).