The issue of access to education for Rohingya children in India, particularly in Delhi, has gained significant attention, in light of recent legal proceedings involving the Supreme Court.
The court is currently reviewing a public interest litigation (PIL) filed by the NGO Rohingya Human Rights Initiative, which challenges a Kejriwal-era Delhi government circular that restricts school admissions for Rohingya children based on the requirement of Aadhaar cards and citizenship proof. Many had earlier claimed that this AAP move was to pander to ‘soft-Hindutva’ in the run-up to the Delhi Assembly elections, to disrupt the BJP’s vote bank. The Supreme Court, however, has now underscored the principle that education should be accessible to all children without discrimination, emphasising that the right to education is universal.
However, the court has also highlighted the necessity of verifying the residential status of Rohingya families to determine the appropriate measures for facilitating their access to education. The petitioners have reported that many Rohingya families, who are recognised as refugees by the United Nations High Commissioner for Refugees (UNHCR), reside in areas such as Shaheen Bagh and Kalindi Kunj in Delhi. The court has requested detailed information regarding the living conditions of these families, which is crucial for assessing their eligibility for educational opportunities and government benefits.
The ongoing hearings will play a pivotal role in shaping the future of educational access for Rohingya children in India, as they navigate the complexities of legal recognition and the bureaucratic barriers that hinder their right to education.
Jargon
- Rohingya: An ethnic Muslim minority from Myanmar, facing persecution and violence, leading many to flee to other countries, including India.
- PIL: Public Interest Litigation, a legal action initiated in a court for the protection of the public interest, often filed by NGOs or individuals on behalf of those unable to represent themselves.
- Aadhaar: A 12-digit unique identification number issued by the Indian government, intended to provide residents with a means of identity verification and access to services.
- UNHCR: United Nations High Commissioner for Refugees, an agency of the UN mandated to protect and support refugees and displaced persons worldwide.
- NGO: Non-Governmental Organisation, a non-profit group that operates independently of government, often focused on humanitarian or social issues.
Viewpoints 💭
- The left emphasises the universal right to education, arguing that Rohingya children should not be denied access to schools due to lack of Aadhaar cards or citizenship proof.
- They advocate for the recognition of UNHCR-issued identity cards as sufficient documentation for accessing education and other essential services.
- The left criticises the bureaucratic barriers and political manoeuvres that prevent Rohingya children from receiving education, viewing these as unconstitutional and discriminatory.
- They highlight the need for government intervention to ensure educational access for all children, regardless of their refugee status, under the Right to Education Act.
- The left calls for a national refugee policy that recognises the rights of refugees and provides them with access to education, healthcare, and other services.
- The left views the denial of education to Rohingya children as a violation of their fundamental rights, while the right prioritises national security and the verification of legal residency.
- While the left advocates for the recognition of UNHCR cards as sufficient documentation, the right insists on Aadhaar cards and citizenship proof to prevent illegal immigration.
- The left criticises the bureaucratic barriers as unconstitutional, whereas the right sees them as necessary measures to maintain national security and order.
- The left calls for a national refugee policy to ensure access to education and services, while the right emphasises the need for a policy decision that considers international implications and security concerns.
- The left argues for educational access under the Right to Education Act, regardless of citizenship, while the right stresses the importance of legal documentation to access public services.
- The right emphasises the importance of verifying the residential status of Rohingya families before granting school admissions and government benefits, citing security and nationality concerns.
- They argue that granting educational access to Rohingya children without proper documentation might imply legal residency for their parents, which could have broader implications.
- The right supports the need for a policy decision by the Indian government regarding the treatment of Rohingya refugees, emphasising the international implications of such decisions.
- They stress the importance of maintaining strict admission procedures to prevent illegal immigrants from accessing public services, including education.
- The right views the lack of Aadhaar cards as a legitimate barrier to accessing services, reflecting the need for a clear legal framework for refugee recognition and protection.
Prominent Voices 📣
- Colin Gonsalves (Senior Advocate): Advocates for the educational rights of Rohingya children, emphasising their UNHCR refugee status and the need for access to public services without Aadhaar cards.
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- Ashok Agarwal (Advocate and head of Social Jurist NGO): Criticises the Delhi government for denying education to Rohingya children and stresses the unconstitutionality of such actions.
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- Shashi Tharoor (Opposition Leader): Supports the establishment of a legal framework for refugee protection in India through the Asylum Bill.
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- Rajeev Dhavan (Senior Advocate): Highlights the extreme conditions faced by Rohingya refugees and the necessity for specific attention due to their lack of identity documents.
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- Justice Surya Kant (Supreme Court Justice): Emphasises the importance of non-discriminatory education access for all children, while also highlighting the need to verify the living conditions of Rohingya families.
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- Justice N Kotiswar Singh (Supreme Court Justice): Supports the inquiry into the residential status of Rohingya families to ensure their access to education.
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