India’s Supreme Court Questions Extending Rights to Undocumented Rohingya Migrants

India’s Supreme Court Questions Extending Rights to Undocumented Rohingya Migrants
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The Supreme Court of India has questioned whether undocumented Rohingya migrants can claim the same rights as Indian citizens, stating that the judiciary cannot “roll out a red carpet” for individuals who entered the country illegally, The Hindustan Times reported.

A two-judge bench of Justices Surya Kant and Joymalya Bagchi made the observations while hearing a habeas corpus petition concerning the alleged disappearance of five Rohingya detainees. The court noted that those crossing into India without authorization cannot automatically seek broad legal protections or welfare benefits, according to the proceedings.

The bench also rejected the characterization of undocumented entrants as “refugees,” emphasizing that refugee status is a legally defined designation that must be formally granted by the state. India is not a signatory to the 1951 UN Refugee Convention, and therefore does not recognize refugee status under international law by default.

Solicitor General Tushar Mehta echoed the court’s concerns, warning that repeated petitions were seeking sensitive operational documents and sweeping protections for migrant groups, according to government submissions.

The court adjourned the matter to December 16, when it will hear this case along with more than twenty other petitions related to the legal status, detention and possible deportation of Rohingya migrants.