New Delhi [India], December 26: A petition has been filed in the Supreme Court urging that all Myanmar Rohingya refugee children be granted admission to schools near their residences. The plea, filed by the NGO Social Jurist, challenges the Delhi High Court’s order dated October 29, 2024, which had dismissed the case and advised the petitioner to approach the Ministry of Home Affairs (MHA) for a resolution.
The High Court had ruled that since the Rohingyas are foreigners who have not been legally granted entry into India, the matter should be addressed by the Ministry of Home Affairs. The Ministry was directed to handle the issue in accordance with the law and make a prompt decision.
In the petition, Advocate Ashok Aggarwal, representing Social Jurist, highlighted that a representation was submitted to the Home Secretary of the Ministry of Home Affairs on November 4, 2024, requesting clarification that all refugee children residing in India are entitled to education under Articles 14, 21, and 21A of the Constitution, as well as the Right to Education Act, 2009. The petition also mentioned that a reminder was sent on November 28, 2024, but no response had been received.
The plea stresses that Article 21A of the Constitution guarantees the right to free and compulsory education for children between the ages of 6 and 14, irrespective of their nationality. “Any child in this age group, present in India, is entitled to education as a fundamental right under Article 21A,” the petition states.
Additionally, the plea criticizes the actions of the Municipal Corporation of Delhi and the Directorate of Education, which have denied admission to Rohingya refugee children due to their lack of Aadhar cards. The petition argues that this requirement is arbitrary, discriminatory, and unconstitutional, violating the fundamental right to education guaranteed under Articles 14, 21, and 21A of the Constitution, as well as the Right of Children to Free and Compulsory Education Act, 2009, and the Delhi School Education Act, 1973.
The plea further points out that Rohingya refugee children do not have Aadhar cards or bank accounts because Indian authorities do not permit refugees to obtain these documents. It stresses that the absence of an Aadhar card should not be used as a reason to deny school admission, referencing a 2023 Supreme Court ruling in Justice K.S. Puttaswamy (Retd) vs Union of India, which confirmed that the lack of an Aadhar card cannot justify denying a child’s right to education.