The Centre, in an affidavit before the Supreme Court, said Rohingyas were illegal migrants and cannot claim a fundamental right to reside or settle in India. The Centre further said that there cannot be a blanket acceptance of foreigners as refugees in India.
As a developing country with the largest population in the world and with limited resources, the Centre said the welfare of its citizens must be prioritised.
"A foreigner only enjoys the right to life and liberty under Article 21 and cannot claim a fundamental right to reside or settle in India. That right is available only to Indian citizens," the Centre said.
In its affidavit, the Centre further stated that unchecked immigration posed dangers to the country while highlighting that a vast majority of such foreigners had entered India illegally.
"There cannot be any recognition of refugees status outside the legislative framework and such a declaration of refugee status cannot be through a judicial order," the Centre said.
The Centre has always maintained that Rohingya Muslims were not refugees but illegal immigrants. In 2017, the government informed Parliament that there were about 40,000 Rohingya Muslims in the country. The government then said the Rohingya population had increased four times in the last two years.
The development comes as the Centre implemented the Citizenship Amendment Act (CAA) by notifying its rules. The CAA grants Indian citizenship to persecuted minorities from Bangladesh, Pakistan, and Afghanistan on or before December 31, 2014.
