RIGHT OF EDUCATION TO THE ROHINGYA CHILDREN : SUPREME COURT VIEW
While India believes in the principle of Vasudhaiva Kutumbakam—the world is one family—the principle itself guides India’s ethos, it cannot mean that India lays out the red carpet for everyone, using taxpayer money meant for citizens to support illegal immigrants. The recent PIL requesting school access for Rohingya children has raised many complex legal and social issues.
The Constitution of India includes the right to education for every child in India and this right has also been mandated by the Supreme Court, but such right must be carefully examined in the context of complex challenges. There is a threat that Illegal immigration poses risks to national security, particularly for a country like India, which shares borders with politically unstable neighbors.
The key question is whether illegal immigrants will seek voting rights, higher education, healthcare, and even citizenship through PILs. India cannot afford to become a shelter for the world, especially when its citizens struggle for basic rights. Taxpayer money should be used to support marginalized Indian communities, not illegal immigrants. If in case, if Rohingya Immigrants are allowed to stay in India as citizens of India, they will benefit from all the rights including Fundamental rights. But as the way of their immigration is without any authority, currently they are illegal immigrants under the national law. Thus providing them the rights of Indian citizens will pose critical challenges that may lead to political rights and may affect the governance of the Nation.
From a Human Rights perspective, providing basic needs including the right to education to the residents (whether legal or illegal )is needed for the personal development of that individual and also the society. But as India has many threats including national security threats which may affect the whole nation, this human rights perspective has to be kept somehow restricted and regulated. If the rights are given to the Rohingya community, appropriate regulation and strict regulatory authority have to be established.
Rohingya refugees in India as per the estimation are about 40,000, out of which around 20,000 are registered with the UNHCR. Such registered refugees are also finding difficulties in admitting their students to schools for basic education as the UNHCR Id cards given to the registered refugees do not offer protection.Meanwhile, there are many Anti-Rohingya sentiments arising as they are seen as National Security Threat to India. India does not have a national policy on refugees and therefore considers Rohingyas as to be “illegal foreigners”. Thus , as they are considered illegal, certain legal actions can be taken against them but the issue is that the appropriate regulation is not enacted yet. This is creating confusion about under which legislation the Rohingya Community is to be regulated. Thus the problem that whether they are fit to enjoy the facilities of the citizens of India
A petition by the NGO Rohingya Human Rights Initiative requests access to education, healthcare, and government aid for Rohingya refugees.
During the hearing, the court inquired about the living conditions of Rohingyas, raising hopes among refugee families in Delhi that their children might soon be admitted to government schools without needing Aadhaar cards.
Advocate Manik Gupta, representing the NGO, highlighted that the Supreme Court had previously ruled in 2019 that Rohingya children should receive education. The petition now seeks free school admission and permission to take board exams without identity proof.
Currently, around 40,000 Rohingya refugees reside in India, primarily in Jammu & Kashmir, Hyderabad, Delhi-NCR, and other states. Many fled Myanmar after losing their citizenship in 1982 and facing violence in 2012.
The PIL has sought direction to authorities to grant admission to all Rohingya children free of cost irrespective of Aadhar cards and allow them to participate in all examinations, including Classes 10 and 12 and graduation, without government insistence on the I’d proof or any other residential proof for providing government scheme facilities.
The PIL also sought the extension of all government benefits, such as free health services in government hospitals, subsidised food grains as available under the Antyodya Anna Yojana scheme, and benefits under the Food Security Act to Rohingya families as available to other citizens, irrespective of citizenship.
The country’s Apex court said education shall be provided to all children without discrimination in response to a PIL filed seeking government benefits and school admissions for Rohingya refugees. The court, however, added that before deciding on the benefits for the Rohingya refugees, the status of residence of their families needs to be ascertained.
The Supreme Court of India has emphasized that no child should face discrimination in education but has also asked about the residence details of the Rohingya children. Thus, the primary purpose is to establish a residential address. The court also showed concern about the critical conditions where these communities’ people are living without getting basic needs. The court has asked the NGO (petitioner) to inform the court where the Rohingya refugees have settled in the city and also inquired about the facilities they are been provided. The PIL has sought direction from authorities to grant admission to all Rohingya children free of cost irrespective of the Aadhar cards and also allow them to participate in all the examinations, including Classes 10th and 12th as well as graduation, without government insistence on ID proofs.
Along with the education rights, the PIL also sought extension of all government benefits such as free health services in government hospitals, and subsidized food grants including the Antyodya Anna Yojana scheme to the Rohingya families as available to other citizens of India. Currently, the Supreme Court has scheduled the next hearing for this matter in ten days, thus further examination of the details of the residential address will take place in the next hearing
But in this instance, many complex social and political questions are seen such as :
- Whether the Rohingya community get residential proof along with citizenship?
- What will the consequence of the education of these children on the future existence of the Rohingya Community?
- Will this give rise to the development of refugee law?
- Whether the government accepts this community or whether there may be a political crisis on this issue.
- Is there a need for any specific legislation on immigrants like the Rohingya community?
- What will be the consequences of such legislation?
- Is there a need for regulatory authority on such immigration?
- Are these immigrants really in need of the facilities of the government and will the government be attentive and liable in providing such facilities?
And many other questions are of much importance in today’s scenario where India is getting threats from the neighboring countries. This may be caused by the immigrants who may have the possibility that they may be trained for terrorist attacks and other illegal activities. Therefore there are several questions but all the eyes are on the judgment to be delivered in this case. The most important question is whether providing the right to education to Rohingya will provide them with further constitutional rights. Thus there are many complex issues that will arise due to this case and the to-be-delivered judgment.
Varsha, a socially conscious and driven law student from Nashik,maharashtra who believes in justice, equality, and policy reforms for a better society. She is analytical, solution-oriented, and committed to creating positive change through legal and ethical means.
