Supreme Court Petition Seeks Education Admission for Rohingya Refugee Children

A petition is filed in the Supreme Court to grant Myanmar Rohingya refugee children school admissions near their residences, challenging a Delhi HC order. The plea asserts the children's right to education under the Indian Constitution, irrespective of their nationality, and urges swift government action.

In a significant legal move, a petition has been presented to the Supreme Court, demanding the admission of Myanmar Rohingya refugee children to schools located near their residences. This plea, lodged by the NGO Social Jurist, calls into question a Delhi High Court decision made on October 29, 2024.

The High Court previously concluded proceedings by indicating that the Rohingyas, being foreigners without legal entry into India, should direct their concerns to the Ministry of Home Affairs. Consequently, the court instructed the Ministry to expeditiously address the matter within the framework of existing laws.

Advocate Ashok Aggarwal, representing the petitioner, emphasized that on November 4, 2024, an appeal was made to the Home Secretary of the Ministry of Home Affairs, Government of NCT of Delhi. The appeal urged for a clarification that according to Articles 14, 21, and 21A of the Indian Constitution, as well as the RTE Act, 2009, all refugee children in India are entitled to education, devoid of any nationality bias. Despite a follow-up reminder on November 28, 2024, a response remains elusive. The plea underscores that Article 21A guarantees education for children between 6 and 14 years on Indian soil, as a fundamental right, without distinction.

The petitioner further condemns actions by the Municipal Corporation of Delhi and the Directorate of Education for denying admission based on the absence of an Aadhar Card, labeling these as arbitrary and discriminatory. The plea insists that lacking an Aadhar card—a status Rohingya children inherently face—should not invalidate their right to education, a standpoint previously corroborated by the Supreme Court in Justice K.S. Puttaswamy (Retd) vs Union of India, finalized on September 13, 2023.

(With inputs from agencies.)