India’s Supreme Court to Decide: Are Rohingya Refugees or “Illegal Migrants”?

By Hafizur Rahman

August 1, 2025
India’s Supreme Court has announced that it will soon deliver a landmark judgment determining whether Rohingya communities in India should be recognized as refugees fleeing persecution or treated as illegal migrants subject to detention and deportation.

The ruling could directly impact the fate of thousands of Rohingya men, women, and children who have sought protection in India—many of whom are registered with the United Nations High Commissioner for Refugees (UNHCR) but remain vulnerable to arrest and expulsion.

A bench comprising Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh is currently reviewing 22 petitions, 15 of which were filed by Rohingya refugees since 2013, challenging deportation orders and demanding access to basic rights.

“The first major issue is whether they are refugees or illegal migrants. The rest is consequential,” the bench observed during Thursday’s hearing.

Four Key Questions Before the Court

The court has framed four critical issues:

1. Are Rohingyas entitled to be declared refugees under international norms?
2. If considered illegal entrants, are they subject to immediate deportation?
3. Can such individuals be detained indefinitely or must they be released with conditions?
4. Are Rohingya residents in camps receiving minimum humanitarian amenities such as clean water, sanitation, and access to education?

Lawyers Emphasize Persecution and Statelessness

Senior advocates Prashant Bhushan, Ashwani Kumar, and Colin Gonsalves argued that the Rohingya are victims of mass atrocities in Myanmar and have sought asylum in India, not economic migration. They urged the court to adopt the principle of non-refoulement, a core tenet of international law that prohibits sending individuals back to a place where they face serious threats to life and freedom.

Although India is not a party to the 1951 UN Refugee Convention, the lawyers argued that Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, extends to all people—regardless of nationality.

Government’s Position: No Special Protection

Appearing for the Centre, advocate Kanu Agarwal requested that Rohingya-related petitions be treated separately from those of other foreign nationals, but reiterated the government’s opposition to granting refugee protections. The state continues to cite a 2021 Supreme Court ruling that allowed deportations under the Foreigners Act.

The government’s stance has triggered concern among rights groups, especially in the wake of mass expulsions and torture reports emerging from Indian detention centers and border zones.

Constitutional Dilemma

While the Supreme Court acknowledged that the right to life and dignity applies to all persons in India, it also noted that the right to reside and settle is a constitutional right available only to Indian citizens, posing a complex legal challenge to long-term Rohingya stay.

Implications for Thousands

The court’s upcoming verdict could determine whether thousands of Rohingya refugees across India, especially in Jammu, Hyderabad, Delhi, and Assam—will be granted legal protection or face deportation to Myanmar, where they are at risk of persecution, torture, and even death.