SC Asks Centre To Respond On Rohingya Detention Plea

Right To Live With Dignity Extends Even To Incarcerated

The Supreme Court on Friday has requested a response from the Centre regarding a plea for the release of Rohingya asylum seekers and refugees currently held in indefinite detention in India.

The court issued this order on August 12, with a notice returnable by August 27, 2024.

The bench, led by Chief Justice DY Chandrachud and including Justices JB Pardiwala and Manoj Misra, has asked the Centre and other respondents to reply to the petition.

Filed by Rita Manchanda and represented by advocates Ujjaini Chatterji, T. Mayura Priyan, Racheeta Chawla, and Shrey Ravi Dambhare, the Public Interest Litigation challenges the indefinite detention of Rohingya refugees, including women and children. The petition argues that this detention violates established legal procedures.

Rita Manchanda, a noted scholar on South Asian conflicts and peacebuilding, along with 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.’ The report details the harsh conditions faced by Rohingya detainees, including inadequate access to clean water, nutritious food, mental health support, and medical care. It also highlights cases of deaths, including that of a minor, and notes that detainees are not provided education, vocational training, or fair wages for their labor.

The petition urges the Supreme Court to direct the Centre to provide detailed information about all Rohingya detainees under the Passport Act of 1929 and the Foreigners Act of 1946, including their names, gender, age, detention orders, and communications with the Myanmar Embassy regarding deportation.

Additionally, it calls for the issuance of identity documents to the stateless detainees and for their refugee status claims to be assessed within three months.

The petition also seeks either the granting of long-term visas or arrangements for third-country resettlement for the detainees, in line with the Standard Operating Procedure (SOP) dated March 20, 2019.

Manchanda’s petition aims to address procedural lapses and the inhumane conditions of the detainees, emphasizing the urgent need for a solution to protect this persecuted community.