The Supreme Court’s sharp questions on the legal status of Rohingyas living in India have once again thrust into national focus an issue that has lingered far too long without resolution. What began years ago as a humanitarian concern has, with the passage of time, transformed into a complex social, legal and security challenge. Thousands of Rohingyas-who entered India illegally and without the backing of any formal refugee framework-are now scattered across multiple states, integrated into localities, accessing public resources, and, in several cases, entangling themselves in criminal activity. It is no longer an abstract debate of rights and protections; it is a live and expanding crisis affecting law, order, governance, and the rights of Indian citizens.
Are Rohingya refugees or illegal entrants? This determination is crucial because every subsequent issue-whether they can be deported, detained, provided amenities, or regularised-flows from this single categorisation. Despite years of litigation, there has been little clarity and even less progress. The matter has been allowed to drift, enabling the situation on the ground to become more complicated, more entrenched, and far more difficult to resolve. The reality remains that India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol. There is no domestic refugee law. Consequently, individuals who enter India without valid travel documents are treated as illegal immigrants under the Foreigners Act and the Passport Act. Rohingyas do not automatically become “refugees” under Indian law simply by holding UNHCR cards, regardless of the persecution they may have faced elsewhere. The Supreme Court has reiterated this position in earlier orders.
What makes the situation alarming is not merely their unlawful entry but the scale and sophistication with which many Rohingyas have integrated themselves into the system. Reports from various states indicate that over time, they have managed to procure Aadhaar cards, ration cards and even electricity and water connections. Entire colonies have come up-built not under any government scheme but through informal arrangements and questionable networks. More worrying is the trend of marriages within local populations, further complicating citizenship and identity concerns.
This is not a theoretical threat. Several investigative agencies have flagged the involvement of Rohingyas in crimes ranging from petty thefts to organised trafficking, espionage, narcotics, and document forgery. While it would be unfair to paint an entire community with one brush, it is equally irresponsible to ignore emerging patterns. A population that has entered illegally, expanded rapidly, accessed welfare benefits meant for India’s poorest, and simultaneously posed law-and-order challenges cannot be treated with exceptional leniency under the garb of humanitarianism.
States have, from time to time, rounded up Rohingyas, attempted verification drives, and even pursued deportation. Yet each attempt has run into the same bottleneck: the legality of deportation under judicial scrutiny. The Centre has repeatedly maintained that Myanmar must accept them back only after necessary documentation-a process that requires diplomatic coordination. But the larger delay has stemmed from the prolonged pendency of the matter before the Supreme Court. The result is a limbo where neither are they deported nor are they regularised-they remain in a grey zone that burdens administrative resources and creates social friction.
The Supreme Court’s recent intervention is therefore not only timely but essential. Its remarks-questioning whether illegal entrants deserve “a red carpet welcome” and highlighting the rightful claim of India’s own poor to limited resources-reflect a long overdue realism. The decision to list the matter every Wednesday signals an intention to break the stagnation that has plagued this issue for years. India cannot afford ambiguity any longer. The presence of a large and growing illegal population poses demographic, security and socio-economic challenges. Deportation, conducted through established diplomatic channels and legal procedures, is the only viable long-term solution. The question is not whether Rohingyas should be deported but how soon the process can begin. Humanitarian considerations must not override national security or legal sovereignty. The nation now awaits not another adjournment but a firm, actionable pathway to resolve an issue that has dragged on for far too long.
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