In Spirit of Humanity: Cal HC Stays Deportation of Rohingya Couple

The couple submitted a writ petition, saying they are stateless at present as Myanmar has disowned them.

Rohingya refugees.

(Photo Courtesy: Reuters)

The Calcutta High Court on Tuesday, 24 December, stayed the deportation of a Rohingya couple to Myanmar, and directed state authorities to ensure that the couple is provided with basic means of livelihood, Livelaw reported.

Justice Sabyasachi Bhattacharya observed that protection is being granted “in order to uphold the spirit of humanity, if not the Fundamental Rights enshrined in the Constitution of India, which is the ground-norm of all Indian states.”

The couple, Abdur Sukur and Anowara Begum, entered India through Bangladesh in 2017 and sent their application to UNHCR. They said they were on their way to the UNHCR hearing when they were arrested and are still in jail even after serving a two-year sentence under the Foreigners Act.

The couple submitted a writ petition before the Court, saying they are stateless at present as Myanmar has disowned them. The couple argued that deporting them to Myanmar will amount to death sentence, according to Livelaw.

Justice Bhattacharya sought a detailed response from the Centre and the West Bengal government. The matter will be heard next on 20 January.

Over 40,000 Rohingya refugees who faced persecution in Myanmar are said to be residing in India. Apart from West Bengal, they are found in Hyderabad, Jammu, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan, according to Livelaw.

(With inputs from Livelaw.)