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.