The Rohingya people are an ethnic group consisting majorly of Muslims and are often termed as “the world’s most persecuted minority”. They are a stateless Indo-Aryan-speaking people from Rakhine State, Myanmar and their estimated population was 1 million who were living in Myanmar before the 2016–17 crises which has rendered them homeless and they have sent out a plea for refuge in India.
The Myanmar government refuses to recognize the Rohingya as citizens, claiming that they are Bangladeshi or Bengali. The UN and rights groups have since a long time, accused the government of ethnic cleansing through its unfair and discriminating policies.
Not too long ago, Myanmar’s military has imposed a crackdown on the country’s Rohingya population after police posts and an army base were attacked last year. Residents and activists have described scenes of troops firing blindly at unarmed Rohingya people. The government, however, stated that 100 people were killed after armed men from the Arakan Rohingya Salvation Army (ARSA) imposed an unexpected raid on police outposts in the region.
According to the The National Human Rights Commission (NHRC) , the Rohingya immigrants had a right to demand basic amenities including education and healthcare.
Advocate Prashant Bhushan has stood for some of these refugees in order to take them in for shelter and care. However, Additional Solicitor General Tushar Mehta countered the proposal and said, “We do not want India to become the refugee capital of the world. I am not sure if it is time to throw our gates open to each and every refugee to come and stay in India. There are security concerns and let the matter be handled by the executive.”
He asked, “Is it judicially manageable? Can the SC test the government’s policy decision? The executive is attempting to solve this issue through diplomatic efforts. Let the executive be allowed to discharge its constitutional duties without judicial interference.”