The
Supreme Court (SC) recently slammed the United Nations High Commissioner for
Refugees (UNHCR) for issuing refugee cards to immigrants in India, adding that
they have opened a “showroom” here and are issuing the certificates.
A two-judge
bench of Justices Surya Kant and Joymalya Bagchi made these remarks while
hearing a petition filed by a Sudanese man, who has been living in India since
2013. The man, who is now seeking asylum in Australia and has sought interim
protection from the court, has two children, including a 40-day-old infant. The
man's wife and children have been issued refugee cards.
Appearing
for the petitioner, Senior Advocate S Muralidhar argued that individuals
holding refugee cards issued by the United Nations High Commissioner for
Refugees (UNHCR) stand on a different footing. He added that such persons are
treated distinctly by both the Ministry of Home Affairs and the Foreigners’
Registration Office.
Hearing
this, Justice Kant noted, "They (the UN Agency) have opened a showroom
here, they are issuing certificates to [...] we don't want to comment on
them."
The
petitioner's counsel said that these refugee cards are issued after proper
verification, and the process takes a few years. He said, "There are
documents and forms which show that they give some weightage to this Refugee
status."
Responding
to it, Justice Bagchi observed that India has not ratified the relevant
international treaty, the Refugee Convention, pertaining to refugee rights. “A
corresponding legal right under municipal law does not really exist,” the judge
said.
While
the petitioner's lawyer acknowledged the same, he highlighted that in the last
two months, there has been a sudden drive under which Africans in Delhi are
being picked up. He added that this is the real apprehension and fear.
When
asked why the petitioner does not move to Australia, his counsel said that he
wishes to do so but is seeking some interim protection in the meantime.
However, Justice Kant declined to grant interim relief, observing, “We must be
extremely cautious… There are lakhs of people in similar situations."
The
bench disposed of the plea after the Sudanese man's counsel highlighted that
the National Human Rights Commission (NHRC) had taken cognisance of this case.
The apex court allowed the petitioner to approach the Commission for any
further directions, such as seeking protection against coercive action.
Earlier
this year, in May, a judge, hearing a case concerning the deportation and
living conditions of Rohingya refugees, observed that they cannot claim legal
relief solely based on UNHCR cards in India.