SC questions Delhi govt’s ban on Rohingya kids in schools

NEW DELHI: The Supreme Court on Wednesday raised serious concerns over a circular issued by Delhi’s AAP government, which restricts the admission of children from Rohingya refugee families into government schools. The court was hearing a Public Interest Litigation (PIL) that challenged the December 2024 circular, which effectively prohibits the enrollment of Rohingya children in Delhi’s state-run schools.

The Bench, led by Justice Surya Kant, emphasized the fundamental right of every child to receive an education, stating, “In terms of education, there can be no question of discrimination. Every child is entitled to education.” However, the court expressed dissatisfaction with the affidavit submitted by senior advocate Colin Gonsalves, representing the petitioner, the Rohingya Human Rights Initiative NGO. The affidavit contained a list of children from the Rohingya community residing in Delhi but lacked crucial details about their families. “What you have given is a list of children. Forget the children for the time being. First, we want a list of parents. How are they living, who permitted them to stay here, who owns their residences?” the Bench instructed, requesting a more comprehensive affidavit that includes information about the refugees’ living conditions, their housing arrangements, and details about their families, colony by colony.

In its earlier hearings, the court had asked for specifics about the areas where the Rohingya refugees are residing in the Capital. The PIL, filed by advocate Satya Mitra, seeks the quashing of the Delhi government’s circular, which mandates a stringent document verification process for admitting migrant children into government schools. This requirement is particularly problematic for the Rohingya refugees, as it excludes children whose families do not possess Aadhaar cards or other government-issued documents.

The Delhi government’s circular, issued on December 23, 2024, emphasises the need for proper documentation when admitting migrant children to prevent illegal Bangladeshi migrants from enrolling. However, this policy effectively prevents Rohingya children from receiving an education, as they are not in possession of the necessary documents.

According to Gonsalves, approximately 1,050 Rohingya refugees live in Delhi, with significant concentrations in areas like Shaheenbagh, Kalindi Kunj, and Khauri Khas. The NGO petitioning the court is asking for the Delhi government to grant admission to all Rohingya children, regardless of their families’ possession of an Aadhaar card, and to provide education, healthcare, and other government benefits to these families as available to Indian citizens.

The PIL also calls for the extension of government services such as free health care, subsidised food, and access to social welfare programs under the Antyodya Anna Yojana and the Food Security Act to Rohingya families. Additionally, the NGO has requested that surveys be conducted in areas where refugees reside to help facilitate the admission of children to both government and private schools, as well as ensure access to healthcare.

The court seeks more details on refugee living conditions before delivering its final ruling as the case progresses.