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Can India protect Rohingya, SC asks govt:
Context
Chief Justice of India Dipak Misra, who leads the three-judge Bench rejects Centre’s stance that decision to deport the community is outside the domain of the Supreme Court
Government stand on rohingya’s refugee
- On August 8, 2017 center communicated to all the States to identify Rohingya and aid in their deportation.
- The government’s claims that the Rohingya refugees will eat into the resources meant for citizens
- Government is concerned on whether the country can sustain such an influx of refugees.
- The Centre claims that the Rohingya community is a threat to national security and easy prey for radicalisation.
Argument in favour of rohingya’s refugee
- The obligation to grant asylum was universal. “The Government of India has constantly made efforts to substantiate, enhance the rights of refugees.
- The fundamental right to life enshrined in Article 21 protects all “persons,” including refugees who fled persecution in their native countries.
- The Government of India has constantly made efforts to substantiate, enhance the rights of refugees. The August 8 communication is totally contradictory to Article 14.
- Humanitarian concerns of children, women, the sick and the old outweigh justiciability and cannot be viewed in the same light as “everyone



