By News360 Exclusive Correspondent
In a landmark hearing that has ignited fierce discussions on immigration, national security, and human rights, the Supreme Court of India on Tuesday questioned whether individuals entering the country illegally can demand procedural protections before deportation. The bench, led by Chief Justice D.Y. Chandrachud, was addressing a habeas corpus petition filed by activists alleging the disappearance of several Rohingya refugees previously held by Delhi Police.
The case centers on a group of Rohingya migrants from Myanmar, who fled persecution in 2017 and sought refuge in India. Petitioners, including human rights lawyer Prashant Bhushan, argued that the men—last seen in custody—were being secretly deported without due process, violating Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. “Even those without valid papers are entitled to basic safeguards against arbitrary state action,” Bhushan contended during the tense proceedings.
However, the court pushed back sharply. “Can someone who enters illegally insist on constitutional remedies as if they were lawful residents?” the Chief Justice remarked, underscoring the tension between India’s sovereign right to control borders and international obligations under the non-refoulement principle, which prohibits returning refugees to places where they face harm. The bench directed the Delhi Police to produce the detainees or provide custody records by December 10, while emphasizing that “illegal entry does not confer automatic rights.”
This development comes amid rising anti-immigrant sentiments in India, fueled by economic strains and border tensions with Bangladesh and Myanmar. Over 18,000 Rohingya are registered in India, but thousands more live undocumented, often in makeshift camps in Jammu and Hyderabad. Critics, including Amnesty International, have decried the government’s push for stricter deportation policies under the Citizenship Amendment Act, warning of a humanitarian crisis.
From a diplomatic lens, the ruling could strain India’s ties with Myanmar’s junta, already fragile post the 2021 coup. News360 sources indicate that the Ministry of Home Affairs is accelerating “Operation Shield,” a nationwide crackdown on undocumented migrants, with over 1,200 deportations recorded this year alone.
As the winter session of Parliament unfolds, opposition leaders like Rahul Gandhi have seized on the case, accusing the Modi government of “selective humanity.” “Borders must be secure, but not at the cost of our constitutional soul,” Gandhi posted on X.
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