PIL in SC Seeks School Admissions, Govt Benefits for Rohingya Refugees Without Aadhaar

PIL in SC Seeks School Admissions, Govt Benefits for Rohingya Refugees Without Aadhaar

A public interest litigation has been filed in the Supreme Court, requesting that school admissions and government benefits be granted to Rohingya refugee families without the requirement of Aadhaar cards or citizenship status.

The matter was heard today by a bench of Justices Surya Kant and N. Kotiswar Singh, who have scheduled it for further hearing on February 10. The petitioner has been directed to provide details regarding the residential status of the Rohingya refugee families.

During the hearing, Senior Advocate Colin Gonsalves, representing the petitioner, informed the Court that the PIL seeks a directive to the respondent authorities to grant free school admissions to all Rohingya children, regardless of whether their families possess Aadhaar cards. Additionally, the petition requests that these children be allowed to sit for exams, including the 10th, 12th, and graduation, without the government mandating an Aadhaar card.

Further, while presenting the prayer clause, the senior counsel emphasized that the PIL also seeks the extension of various government benefits to Rohingya families, including access to education, free healthcare services in government hospitals, and subsidized food under the Public Distribution System (PDS) at rates available to the Antyodya Anna Yojana (for the poorest of the poor). Additionally, the petition requests that benefits under the Food Security Act, 2013, such as services in Anganwadis, be provided to Rohingya families, just as they are to other citizens, regardless of citizenship status.

Gonsalves further highlighted the Union of India's position in previous cases, affirming that Rohingyas have the right to access public schools and hospitals. In response, Justice Kant inquired why the petitioner couldn't approach the Delhi High Court, given that the relief sought pertains specifically to Delhi. Gonsalves replied by noting that three similar petitions are already pending before the Supreme Court, which have been admitted, and in which counter-affidavits have been filed.

When asked about the location of the Rohingya refugee families, the senior counsel informed the Court that, in Delhi, they are residing in Shaheen Bagh, Kalindi Kunj, and Khajuri Khas. Upon further inquiry from Justice Kant regarding whether they are living in government camps or residential areas, Gonsalves responded, "They are in residential areas (slums) in Shaheen Bagh and Kalindi Kunj... in Khajuri Khas, they are in rented accommodation."

Subsequently, Justice Kant referred to another case with similar prayers, where the Court had sought clarification from the petitioner regarding the residential status of Rohingyas. In response, Gonsalves distinguished between Rohingyas and Rohingya refugees, explaining that the latter possess UNHCR (United Nations High Commissioner for Refugees) cards.

"Rohingyas may be in camps. These are Rohingya refugees, who have UNHCR card. Once they have UNHCR card, they are let go. They can go anywhere in the country...they are in Hyderabad, Jammu...", he pleaded.

Ultimately, the matter was adjourned to enable the petitioner to furnish information regarding the residential status of the Rohingya refugee families in Delhi.

Case Title: ROHINGYA HUMAN RIGHTS INITIATIVE (ROHRINGYA) AND ORS. Versus GOVERNMENT OF NCT OF DELHI AND ORS., W.P.(C) No. 57/2025

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