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Rohingya Muslim have no fundamental right to reside in India: Government in SC

Rohingya Muslim have no fundamental right to reside in India
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A major announcement about the situation of the nation’s illegal Rohingya Muslim migrants has been issued by the Union government. The government claimed that these migrants do not have a basic right to live and settle in India in a plea to the Supreme Court. It stressed that in order to give such people refugee status, the judiciary should not infringe upon the legislative and policy purview of the Parliament and executive.

Citing various judgments of the Supreme Court, the government clarified that while a foreigner enjoys the right to life and liberty under Article 21 of the Constitution, the right to reside and settle in the country is exclusively reserved for Indian citizens. The government also clarified that India does not recognize UNHCR refugee cards, which some Rohingya Muslims have obtained to claim refugee status.

“Continuance of Rohingyas’ illegal migration to India and their stay in India, apart from it being absolutely illegal, is fraught with serious security ramifications,” it said.

The government’s affidavit highlighted the challenges posed by large-scale illegal migration from neighboring countries, particularly Bangladesh, which has altered the demographic profile of some border states such as Assam and West Bengal. It emphasized that the continued illegal migration of Rohingyas into India, apart from being illegal, poses serious security ramifications for the country.

The affidavit also pointed out credible intelligence indicating that many Rohingyas are involved in activities such as obtaining fake/fabricated Indian identity documents, human trafficking, and subversive activities across the country. These activities are seen as threats to internal and national security.

In response to a plea by petitioner Priyali Sur for the release of detained Rohingyas, the government reiterated that those illegally entering India would be dealt with in accordance with the provisions of the Foreigners Act. It also clarified that since India is not a signatory to the 1951 Refugee Convention and its Protocol relating to the Status of Refugees, it would handle the issue of Rohingyas based on its own domestic framework.

Rejecting the petitioner’s plea to treat Rohingyas similarly to refugees from Tibet and Sri Lanka, the government stated, “Whether or not any class of persons is to be recognized as refugees is a pure policy decision. There cannot be any recognition of refugee status outside the legislative framework, and such a declaration of refugee status cannot be made by judicial order… right to equality is not available to foreigners and illegal migrants.”

Rejecting the petitioner’s plea to treat Rohingyas similarly to refugees from Tibet and Sri Lanka, the government stated, “Whether or not any class of persons is to be recognized as refugees is a pure policy decision. There cannot be any recognition of refugee status outside the legislative framework, and such a declaration of refugee status cannot be made by judicial order… right to equality is not available to foreigners and illegal migrants.”

Mzaad
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India has seen a lot of development in the past few decades, but poor industrial regulation means that factories do not follow pollution-control measures. Rapid construction has also contributed to rising levels of pollution. The report by IQAir said that India's average level of PM2.5 - fine particulate matter that can clog lungs and cause a host of diseases - was 54.4 micrograms per cubic metre. Globally, air that has 12 to 15 micrograms per cubic metre of PM2.5 is considered safe to breathe, while air with values above 35 micrograms per cubic metre is considered unhealthy. Delhi's air quality was worse than India's overall air quality with the city having a PM2.5 reading of 92.7 micrograms per cubic metre. Delhi struggles with bad air around the year, but the air gets particularly toxic during winter. This happens due to various factors, including burning of crop remains by farmers in nearby states, industrial and vehicular emissions, low wind speeds and bursting of firecrackers during festivals. Last year, the government shut schools and colleges for several days in a row due to the toxic air. Meanwhile, the northern Indian city of Beguserai and the northeastern city of Guwahati were ranked as the two most polluted cities in the world. Only seven countries met the World Health Organization (WHO)'s annual PM2.5 guideline, which is an annual average of 5 micrograms per cubic metre or less. These include Australia, New Zealand, Iceland and Finland. According to IQAir, this data was gathered from more than 30,000 air quality monitoring stations positioned in 134 countries, regions and territories.

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Daily Dazzling Dawn is the first and only international and non-profitable newspaper, which is 100% ownership of professional journalists from Bangladeshi origin with 20 years of experience in global journalism. The main aim of the newspaper is promoting ethical journalism with truth, accuracy and proficiency.

Editor in Chief

Dulal Ahmed Chowdhury

Dulal Ahmed Chowdhury is the Editor of The Daily Dazzling Dawn. Previously, he has been serving in important positions in all the famous national dailies of the Bangladesh since the nineties. He has played a commendable role in journalism by participating in various events at the national and international levels. United Nations Conference, World Climate Conference, SAARC Summit are notable among them.

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