In the wake of flagrant violations on human rights of CAA-NRC protestors across the country and also in light of the debate over why other minorities like Rohingyas were excluded from purview of CAA, this order comes as a breath of fresh air; leaving some hope for human rights in the courts of law.
The Calcutta High Court on December 24, passed an order staying the deportation of a Rohingya couple to Myanmar. The order was given in response to a writ petition filed by the couple who have, as per their petition, already served their sentence in prison.
The petitioners submitted that now that they have completed their sentence, the government is trying to deport them back to Myanmar. They also submitted that such deportation would be tantamount to a death sentence in view of their plight in Myanmar which has the declared policy of an all-out onslaught on Rohingyas.
The court ruled, “in view of the imminent plight of the petitioners, who, despite having basic human rights in consonance with the Fundamental Rights provided by the Constitution of India as well as the U.N. Charter and the norms of any civilized society, a minimum protection ought to be given to the petitioners till the writ petition is decided, in order to uphold the spirit of humanity, if not the Fundamental Rights enshrined in the Constitution of India, which is the grundnorm of all Indian statutes”
The Court restrained the government by an order of injunction ‘from deporting the petitioners from India during pendency of the writ petition’ and also directed the government to ‘ensure that the petitioners are provided with the basic amenities, compatible with a life worthy of respect’.
The Court went a step ahead and even directed the government to allow the counsel of the petitioners to visit them from time to time.
Rohingyas are an ethnic group, majority of whom are Muslim. They have been denied citizenship in Myanmar since 1982 which has effectively rendered them stateless. They face extreme violence and persecution in Myanmar and hence have been compelled to flee to other neighbouring countries to find harbour. They are considered as the world’s most persecuted minority.
The order can be read here