India Not a Shelter for All Refugees: SC

India Not a Shelter for All Refugees: SC

Why in the News?

In the latest india news today, the Supreme Court India rejected a plea by a former LTTE member, asserting that foreigners cannot claim the right to settle in India. It upheld the Madras High Court establishment’s deportation order, reaffirming India is not a dharamshala for global refugees. This ruling has significant implications for srilankan refugees in india and highlights the ongoing complexities in india sri lanka relations, as reported in sri lankan news. The case has also brought attention to high court today news regarding refugee matters.

About Supreme Court’s Stand on Refugees and Deportation:

• The SC rejected a petition by Subaskaran, a Sri Lankan Tamil and ex-LTTE member, against his LTTE member deportation order.
• The bench, led by Justice Dipankar Datta, emphasized that India, with 1.4 billion people, cannot accommodate all foreign nationals.
• The Court stated: “India is not a dharamshala,” reinforcing that fundamental rights under Article 19(1)(e) (to reside and settle) apply only to citizens.

Case Background and Legal Arguments

• Subaskaran was convicted under UAPA Section 38(1) for being associated with a banned terrorist organization (LTTE), highlighting concerns about unlawful activities.
• Initially sentenced to 10 years, his sentence reduction to 7 years by the Indian High Court in 2022 came with a deportation directive.
• Despite his claims of threat to life in Sri Lanka due to the Sri Lankan war and having a family in Tamil Nadu, the SC upheld the decision, setting a precedent for LTTE operatives deportation cases.

• The Tamil Nadu Police and Q Branch were involved in the investigation, leading to his detention and subsequent legal proceedings.

Article 21, Deportation Rights & Broader Implications

• The SC clarified that Article 21 rights were not violated since his liberty was taken through due legal procedures and procedure established by law.
• It cited the Rohingya deportation case, reiterating that non-citizens cannot claim a right to reside or avoid deportation proceedings.

• The court suggested seeking asylum in another country, reinforcing India’s strict stance on illegal immigration and national security.