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The Supreme Court of India has recently addressed the issue of access to education for Rohingya children residing in Delhi. In a ruling on Friday, the court stated that these children are entitled to approach government schools for admission. Furthermore, should their applications be denied, they have the recourse to petition the High Court for relief. This decision comes in response to a Public Interest Litigation (PIL) filed by the NGO 'Rohingya Human Rights Initiative,' seeking directives to the Delhi government to grant admissions to Rohingya children who possess UNHCR (United Nations High Commissioner for Refugees) cards. The bench, comprising Justices Surya Kant and N Kotiswar Singh, emphasized that the children should initially attempt to secure admission through the standard channels of government schools. Only upon encountering denial should they then pursue legal remedies through the High Court. This approach mirrors a previous order issued by the court in a similar PIL concerning the educational rights of Rohingya children.
The counsel for the NGO, senior advocate Colin Gonsalves, highlighted the potential impact of the court's directive, suggesting that it could pave the way for the admission of approximately 500 Rohingya students into government schools. He further emphasized the protracted nature of the legal battle, stating that he had been advocating for this cause since 2018. Gonsalves expressed his belief that a direct order from the court would significantly expedite the process of granting admissions to these children. In response, the bench reiterated that they were issuing an order consistent with their previous ruling on a similar matter, underscoring the importance of the children initiating the admission process themselves. This emphasis on proactive engagement by the children reflects the court's commitment to ensuring that they actively exercise their right to education.
The Supreme Court's decision builds upon an earlier ruling on February 12, in which the court affirmed that no child should be discriminated against in accessing education. The initial plea sought a directive to both the central government and the Delhi government to provide Rohingya refugees residing in the city with access to public schools and hospitals. In earlier proceedings, the court had sought information regarding the areas where these refugees were residing, along with details about their circumstances. Specifically, the court had requested the NGO to provide details regarding the settlements of Rohingya refugees in Delhi and the facilities available to them. Gonsalves had argued that Rohingya refugees were being denied access to public schools and hospitals due to the absence of Aadhaar cards, a crucial identification document in India. He explained that as refugees holding UNHCR cards, they were ineligible for Aadhaar cards, creating a barrier to accessing essential services.
Gonsalves further informed the court that Rohingya refugees were primarily residing in areas such as Shaheen Bagh, Kalindi Kunj, and Khajuri Khas in Delhi. He described their living conditions, noting that they resided in slums in Shaheen Bagh and Kalindi Kunj, while in Khajuri Khas, they were living in rented accommodations. The court clarified that its inquiry regarding their living arrangements was aimed at understanding whether they were residing in camps, as the nature of relief sought in the PIL would vary depending on their living conditions. The PIL specifically sought directives to grant admission to all Rohingya children free of cost, irrespective of Aadhaar cards, and to allow them to participate in all examinations, including Classes 10 and 12 and graduation, without the government insisting on ID proof.
Beyond education, the PIL also sought the extension of various government benefits to Rohingya families, including free health services in government hospitals, subsidized food grains under the Antyodya Anna Yojana, and benefits under the Food Security Act, similar to those available to other citizens, regardless of their citizenship status. This broad scope of the PIL highlights the multifaceted challenges faced by Rohingya refugees in accessing basic necessities and essential services. The Supreme Court's decision to prioritize access to education is a significant step towards addressing these challenges, but further action is needed to ensure that Rohingya refugees are able to fully integrate into society and exercise their fundamental rights. The court's directive underscores the importance of upholding the right to education for all children, regardless of their nationality or refugee status. It also highlights the crucial role of NGOs in advocating for the rights of marginalized communities and holding governments accountable for their obligations under international law.
The decision of the Supreme Court also prompts a broader reflection on India's obligations towards refugees under international law and customary international law. While India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, the principle of non-refoulement, which prohibits the return of refugees to a country where they face persecution, is widely recognized as a part of customary international law. The Supreme Court's emphasis on ensuring access to education for Rohingya children can be seen as consistent with this principle, as it reflects a commitment to protecting their fundamental rights and providing them with a safe and secure environment. However, the broader issue of the legal status and rights of Rohingya refugees in India remains a complex and contested one. The government has often characterized them as illegal immigrants and has taken steps to deport them, raising concerns about human rights violations and potential breaches of the principle of non-refoulement.
The Supreme Court's intervention in this case underscores the judiciary's role in safeguarding the rights of vulnerable communities and holding the government accountable for its actions. The court's emphasis on due process and access to justice for Rohingya children is a welcome development, but it is important to recognize that the broader issue of their legal status and rights requires a comprehensive and humane solution. The government needs to develop a clear and consistent policy on refugees, based on principles of international law and human rights. This policy should include provisions for registration, documentation, and access to essential services, such as education, healthcare, and livelihood opportunities. It should also ensure that refugees are protected from arbitrary detention and deportation, and that their rights are respected in accordance with international standards.
The case of the Rohingya refugees in India highlights the challenges of managing migration and displacement in a complex and interconnected world. The root causes of the Rohingya crisis lie in the persecution and discrimination they have faced in Myanmar, which has forced them to flee their homes and seek refuge in neighboring countries. Addressing this crisis requires a concerted international effort, involving not only humanitarian assistance but also political and diplomatic pressure on the Myanmar government to address the underlying issues of discrimination and persecution. The international community also needs to provide greater support to countries like India and Bangladesh, which are hosting large numbers of Rohingya refugees. This support should include financial assistance, technical expertise, and capacity building to help them manage the refugee population and provide them with essential services. The Supreme Court's decision in this case is a reminder that even in the face of complex political and legal challenges, the fundamental rights of all individuals, including refugees, must be respected and protected.
The long-term integration of Rohingya children into Indian society also requires addressing issues of language, culture, and social inclusion. Many Rohingya children may not speak Hindi or English, which can create barriers to accessing education and other services. Efforts should be made to provide them with language training and cultural orientation programs to help them adapt to their new environment. It is also important to promote social inclusion by fostering positive relationships between Rohingya refugees and local communities. This can be achieved through community-based programs, interfaith dialogues, and educational initiatives that promote understanding and respect for cultural diversity. The Supreme Court's decision is a significant step towards ensuring that Rohingya children have the opportunity to build a better future for themselves and contribute to Indian society. However, sustained efforts are needed to address the broader challenges they face and to ensure that their rights are fully protected. Ultimately, the solution to the Rohingya crisis lies in addressing the root causes of their displacement and creating a safe and secure environment for them to return to their homes in Myanmar. Until that is possible, it is the responsibility of the international community to provide them with the protection and assistance they need to rebuild their lives.
In conclusion, the Supreme Court's directive regarding the admission of Rohingya children into government schools in Delhi represents a crucial intervention in safeguarding the educational rights of a vulnerable and marginalized community. By affirming their right to seek admission and providing a clear pathway for legal recourse in case of denial, the court has sent a strong message about the importance of upholding the right to education for all children, regardless of their nationality or refugee status. While this decision is a positive step, it is important to recognize that the challenges faced by Rohingya refugees in India are multifaceted and require a comprehensive and humane approach. The government needs to develop a clear and consistent policy on refugees, based on principles of international law and human rights, and the international community needs to provide greater support to countries hosting large numbers of Rohingya refugees. Furthermore, sustained efforts are needed to address issues of language, culture, and social inclusion to ensure that Rohingya refugees are able to fully integrate into society and exercise their fundamental rights. The Supreme Court's decision is a reminder that even in the face of complex political and legal challenges, the fundamental rights of all individuals must be respected and protected, and that the pursuit of justice and equality requires unwavering commitment and sustained action.
Source: Rohingya Children Can Approach Govt Schools For Admission, Move HC If Denied: SC