The Supreme Court (SC) has recently sought a response from the Center on a petition seeking the release of Rohingya refugees held in indefinite detention in the country. The court issued an order in this regard on August 12. The apex court said, “Notice is being issued. The reply should be given by August 27, 2024.” A bench headed by Chief Justice DY Chandrachud gave this decision. It also included Justice JB Pardiwala and Justice Manoj Mishra. The bench has asked the Center and others to file a response on the petition. The PIL challenges the indefinite detention of Rohingya refugees, including young women and children, in India. It states that this is a violation of the procedures established by law.
The petition has been filed by Rita Manchanda. The petitioner is represented by advocates Ujjaini Chatterjee, T. Mayura Priyan, Rachita Chawla and Shrey Ravi Dambhare. The petitioner has requested the Supreme Court to direct the governments to release Rohingya detainees who have been detained for more than two years under the Foreigners Act, 1946 and the Passport Act (Entry into India), 1929.
According to the petition, petitioner Rita Manchanda is a renowned scholar specialising in South Asian conflicts and peacebuilding. She, along with her co-author Manahil Kidwai, has prepared a report on Rohingya refugees in India titled ‘Destinies Under Detention’. In this, they have documented the cases of Rohingyas detained in various detention centres, juvenile homes and welfare centres in India. The petitioner claimed that she has found evidence in her report that the detained Rohingyas were never given any notice or were not given an opportunity to present their case as refugees.
Apart from this, the petitioner has stated in his report that many Rohingya detainees are not even getting clean drinking water and nutritious food. Apart from this, young Rohingya women who have escaped the inhumane crimes of sexual violence and human trafficking are kept in custody without any mental health support. They are not even getting normal medical treatment. The petitioner has also mentioned two deaths in detention centers in his report. This includes the death of a minor, which shows a worrying situation. He said in his petition, “Rohingya children are also not being given any education or vocational training, due to which they have no future.”
“The Rohingyas are not paid any wages for their labour inside the detention centres. This shows that the rights to health and human dignity of the detainees, particularly young women and children, are being violated in the detention centres. Further, such continued detention amounts to cruel, inhuman and degrading treatment, which amounts to torture,” the petition states.