Published on: August 14, 2025
REFUGEES VS ILLEGAL IMMIGRANTS: SUPREME COURT’S OBSERVATION
REFUGEES VS ILLEGAL IMMIGRANTS: SUPREME COURT’S OBSERVATION
NEWS
- On 31 July 2025, the Supreme Court stated that the key question in cases concerning Rohingya in India is whether they are refugees or illegal entrants.
- The matter involves concerns about national security and foreign infiltration.
HIGHLIGHTS
Refugees in India
- NHRC (July 2024): At least 2,09,028 refugees from Sri Lanka, Tibet, Myanmar, Afghanistan reside in India.
- No legal definition of “refugee” in India; only “illegal immigrant” defined under the Citizenship Act, 1955.
- UN Refugee Convention (1951): Refugees are persons fleeing due to a well-founded fear of persecution.
- India’s status: Not a signatory; no national refugee law; treats refugees as any other foreign national.
Geneva Refugee Convention
- Adopted 1951 post–World War II, initially Europe-focused.
- 1967 Protocol: Expanded to global scope.
- 149 UN members ratified; India not included.
Illegal Immigrants in India
- Defined by Citizenship Act, 1955: Entry without valid documents or overstaying after expiry.
- CAA 2019: Exempts Hindu, Sikh, Buddhist, Jain, Parsi, Christian migrants from Afghanistan, Bangladesh, Pakistan (arrived before 31 Dec 2014).
- Rohingya are illegal migrants under Indian law.
Definition of a Foreigner
- Must have valid passport & visa.
- Illegal entry: Jail up to 5 years or fine ₹5 lakh.
- Overstay: Jail up to 3 years or fine ₹3 lakh.
Rohingya Crisis
- Stateless Muslim minority from Rakhine State, Myanmar.
- 2017 crackdown led to world’s largest refugee crisis.
- Myanmar considers them illegal immigrants from Bangladesh.
World Refugee Day
- Observed 20 June; marks 50 years of 1951 Refugee Convention.
- 2025 Theme: “Solidarity with Refugees” — call for meaningful action.
