In a landmark decision, the Supreme Court of India has reinforced the fundamental right to education for all children, including Rohingya refugees. The court asserted on Wednesday that no child should be subjected to discrimination in accessing education. This statement was made while scheduling a hearing for a petition urging the central and Delhi governments to grant Rohingya refugee children the right to attend public schools and receive medical care in government hospitals.
A bench comprising Justices Surya Kant and N Kotiswar Singh emphasized the necessity of ensuring educational access without bias. The court also sought clarification on the living conditions of Rohingya families in Delhi, including details about their accommodations and legal status.
Senior advocate Colin Gonsalves, representing the NGO Rohingya Human Rights Initiative, informed the court that he had submitted an affidavit containing details about the Rohingya refugees, including information about their United Nations High Commissioner for Refugees (UNHCR) identity cards. Justice Surya Kant acknowledged that these UNHCR cards could facilitate the process of identifying and verifying the particulars of the Rohingya families.
The court granted Gonsalves additional time to provide further details, postponing the matter for another hearing in ten days.
On January 31, the Supreme Court had instructed the NGO to provide information about the locations where Rohingya refugees had settled in Delhi and the facilities available to them. The court also directed Gonsalves to submit an affidavit listing their settlement areas in the city.
Gonsalves highlighted that Rohingya refugees are being denied access to public schools and hospitals due to the absence of Aadhaar cards. He argued that since these refugees hold UNHCR cards, they are not eligible for Aadhaar, yet the lack of this government-issued ID prevents them from accessing essential services.
He further elaborated that Rohingya refugees are residing in multiple areas of Delhi, including Shaheen Bagh, Kalindi Kunj, and Khajuri Khas. Those in Shaheen Bagh and Kalindi Kunj are living in slum settlements, while those in Khajuri Khas are in rented accommodations.
The Supreme Court acknowledged that understanding the living conditions of these refugees is crucial. If they reside in organized camps, the relief measures required might differ from those sought in the petition.
The petition, or Public Interest Litigation (PIL), calls for the authorities to grant Rohingya children free admission to public schools, irrespective of their Aadhaar card status. It also demands that they be allowed to participate in all school and university examinations, including Class 10 and Class 12 board exams, without the necessity of government ID proof.
Additionally, the PIL urges the extension of essential government benefits to Rohingya refugees, such as free medical treatment in government hospitals and subsidized food under the Antyodaya Anna Yojana and the Food Security Act. The plea argues that these fundamental rights should be accessible to Rohingya families just as they are to other residents, regardless of their citizenship status.
The Supreme Court’s stance on this issue could have significant implications for the rights of refugees in India. It underscores the importance of upholding human rights and ensuring that vulnerable communities, particularly children, are not deprived of education and healthcare due to bureaucratic hurdles. As the case progresses, all eyes will be on how the Indian judiciary balances legal requirements with humanitarian considerations, shaping the future of refugee rights in the country.
