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Synopsis

The Supreme Court of India today said that there will be no discrimination in education while hearing a Public Interest Litigation (PIL) seeking school admission and government benefits for all Rohingya children in Delhi.

A bench of Justices Surya Kant and N Kotiswar Singh said, "In terms of education, there is no question of discrimination. Every child will get an education but we want to find out at first where are they living and in what capacity they are living and then what can be an effective mechanism to ensure that education is provided."

Addressing the bench, Senior Advocate Colin Gonsalves, appearing for the NGO Rohingya Human Rights Initiative, contended that all Rohingya refugees possess United Nations High Commissioner for Refugees (UNHCR) cards. He added that they are currently residing in Khajuri Khas and Sriram Colony.

However, Justice Surya Kant remarked," There are no details. Where is the family living? Where is the house? What is the property? You give us on a piece of paper a list of families, some proof that they are living here, and give us a list only within one week."

In response, Senior Advocate Colin Gonsalves told the court that the Rohingya refugees are in a very desperate situation. He mentioned that in three pending petitions, the same issue regarding their admission to schools has already been raised."Now those orders are there. SG Tushar Mehta stood up and said we will not discriminate. We will give Rohingyas whatever...," he added.

Justice Surya Kant then clarified that there is no question of discrimination in education. However, he added that proof of their residence would help the court to provide an effective mechanism to ensure education for children.

In view of this, Senior Advocate Colin Gonsalves sought some time to furnish the details before the court. The bench accordingly posted the matter after 10 days.

Notably, the PIL before the court seeks directions from authorities to grant admission to all Rohingya children free of cost whether or not the family has the Aadhaar card and to allow children to participate in all examinations including 10th, 12th and graduation without government insistence on the Aadhaar Card.

"For a direction to Respondents to extend all government benefits of education, free health services in government hospitals, subsidized food in PDS shops as available to Antyodya Anna Yojana (poorest of the poor) category, benefits under the Food Security Act, 2013 such as services in the Aanganwadis, etc. to Rohingya families as are available to other citizens, irrespective of citizenship," the PIL states.

It further seeks directions to the authorities to carry out surveys in the areas where the refugees live and to proactively facilitate admission of refugee children in Government schools/private schools, and government/private hospitals free of cost.

Case Title: Rohingya Human Rights Initiative v Govt of NCT of Delhi