Delhi High Court Declines Plea for Enrolling Rohingya Children in Local Schools, Cites National Security Concerns

Keywords: Rohingya refugees, Delhi High Court, school enrollment, national security, Ministry of Home Affairs

In a significant ruling on Tuesday, the Delhi High Court declined to entertain a petition seeking directions to admit Rohingya refugee children into local schools, emphasizing that such issues fell within the jurisdiction of the Union Ministry of Home Affairs (MHA). The Bench, led by Chief Justice Manmohan and Justice Tushar Rao Gedela, highlighted the national security implications and the broader international ramifications of the matter, advising the petitioner to approach the MHA directly.

The petition, submitted by the NGO Social Jurist, argued that Rohingya children residing in Delhi were being denied school admissions due to the lack of Aadhaar identification. However, the Court maintained that addressing the educational rights of Rohingya children would implicate issues of nationality and security, a matter it deemed appropriate for executive decision-making rather than judicial intervention.

In its observations, the Bench referred to similar laws in states like Assam, which impose restrictions on foreigners, and warned of a situation where facilitating education for undocumented foreigners might inadvertently create a precedent for their integration. “This is a policy domain. It is not for us to take a call,” the Bench stated, underscoring the need for the MHA’s oversight in such cases.

Advocate Ashok Agarwal, representing Social Jurist, cited Article 21A of the Indian Constitution, which mandates the right to education for all children, irrespective of citizenship. However, the Bench responded that such interpretations should not be extended to non-citizens in the absence of explicit government policy, suggesting that further representations should be directed at the MHA.

The Court’s refusal to intervene in this issue highlights the judiciary’s stance on maintaining boundaries between judicial and executive functions, particularly when it concerns sensitive areas of citizenship, national security, and international obligations. While the Court instructed the MHA to consider the NGO’s representation promptly, it emphasized that the policy decision ultimately rests with the central government, reiterating that such matters demand a careful balance between humanitarian considerations and national interests.

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