The issue of Rohingya children being denied admission to schools in Delhi is at the forefront as the Supreme Court hears a petition against a controversial circular from the Delhi government. Earlier in December 2024, then Chief Minister Atishi made it clear that no Rohingya child would be allowed in government schools, framing them as ‘illegal migrants’. The circular, though originally referring to ‘illegal Bangladeshis’, effectively includes stateless Rohingya children too, raising concerns about their right to education.
Over the years, the Rohingya have faced numerous challenges in India, often becoming a political talking point ahead of elections. In Nuh, their makeshift settlements have been demolished in response to civil unrest, further exacerbating their plight. The government’s contrasting messages regarding Rohingya housing and security demonstrate the ongoing inconsistency in their treatment, culminating in tightened restrictions and threats of forced deportation.
A Public Interest Litigation filed by the Rohingya Human Rights Initiative seeks to halt the Delhi government’s discriminatory order, arguing that it violates the children’s right to education under Article 21A of India’s Constitution. The upcoming immigration legislation aims to overhaul outdated laws but may complicate the future for Rohingya, as their illegal crossings often lead to imprisonment due to colonial-era laws.
Who are the Rohingya? This persecuted ethnic minority has lived in Myanmar’s Rakhine state for centuries but have been rendered stateless by the 1982 Citizenship Law. Subject to violent oppression from the military and being labelled as the ‘most persecuted minority in the world’, many have fled to India in search of refuge.
According to the UNHCR, approximately 22,500 stateless Rohingya now live in India, comprising a quarter of all Myanmar’s refugees in the country. While Bangladesh hosts the majority, India grapples with their status, often branding them as threats to national security. The situation has left them vulnerable and in fear, denying them opportunities for a better future.
The International Court of Justice’s findings on the Rohingya atrocities are stark, confirming ongoing genocide-related crimes. With no valid documentation aside from UNHCR cards in India, Rohingya struggle to access basic facilities, healthcare, and employment, often resorting to the informal labour market to survive, which severely impacts their mental health.
Recently, the UN Committee urged India to stop treating the Rohingya as criminals and suggested removing barriers to their basic rights to education, employment, and healthcare. Legal systems detain many for illegal entry while ignoring their rights under international accords, further complicating their status.
Human rights lawyer Colin Gonsalves argues that Rohingya have a constitutional right under Article 21, with the Supreme Court also acknowledging that denial of education to children is unacceptable. Although assured no child would be excluded from schooling, the intricacies of their refugee status remain unresolved, necessitating more transparency from authorities on the actual number of affected children.
Despite the absence of specific laws for refugees, India is bound by international civil rights frameworks. Advocates fear that proposed immigration laws could further infringe on the rights of Rohingya by mainstreaming discriminatory practices, leading to more humanitarian crises.
As the discourse around Rohingya rights continues, IndiaSpend is engaged in gathering responses from Delhi’s education officials regarding the situation. This story illustrates a desperate plea for recognition and education rights, underscoring the broader implications of refugee treatment in India.
Rohingya children face severe barriers to education in Delhi due to a January 2025 government circular deeming them illegal migrants. The Supreme Court is reviewing a petition against this ruling, asserting Rohingya children’s rights to educational access under Article 21A of the Constitution. The broader humanitarian crisis affecting the Rohingya community in India raises urgent questions about immigration laws and human rights protections. The Rohingya are a persecuted Muslim ethnic minority from Myanmar, many fleeing violence and statelessness. Poor government support and access issues exacerbate their already dire situation, making the struggle for educational rights crucial for their future.
The plight of Rohingya children in India highlights a conflict between governmental policies and human rights obligations. The Supreme Court’s involvement echoes a broader commitment to ensure that no child is deprived of their right to education, regardless of their documented status. As the situation unfolds, the importance of a humane approach to the Rohingya crisis could redefine how India addresses such humanitarian challenges in the future.
Original Source: m.thewire.in
