The Supreme Court of India is currently grappling with a fundamental question concerning the Rohingya community residing within its borders: Are they refugees entitled to protection under international law, or are they illegal migrants subject to deportation?. This pivotal determination will dictate the future and rights of thousands of Rohingya people who have sought refuge in India from persecution in Myanmar.

On July 31, 2025, a three-judge bench of the Supreme Court, presided over by Justice Surya Kant, decided to examine the core issue of the status of Rohingyas in India. The court acknowledged that the answer to this question would have significant consequences, determining the protections and rights to which the Rohingya are entitled. If deemed refugees, they would be eligible for certain legal protections; if considered illegal migrants, they could face deportation to their country of origin.

The Supreme Court has framed several key questions to address the complex legal and humanitarian issues surrounding the Rohingya:

1. Refugees or Illegal Entrants? The primary question is whether the Rohingya are entitled to be declared refugees, and if so, what specific protections, privileges, or rights arise from that designation.
2. Justification for Deportation: If the Rohingya are deemed illegal entrants rather than refugees, the court will examine whether the Indian government's actions in deporting them are legally justified.
3. Indefinite Detention: The court will consider whether Rohingya, even if considered illegal entrants, can be detained indefinitely, or whether they are entitled to release on bail with appropriate conditions.
4. Basic Amenities in Camps: The Supreme Court will also assess whether the Rohingya living in refugee camps, who are not currently detained, are being provided with basic amenities such as sanitation, drinking water, and education, as guaranteed under Article 21 of the Indian Constitution.
5. Obligation to Deport: The court will examine the extent to which the Indian government and state governments are obligated to deport those deemed to be illegal entrants, in accordance with the law.

The court has taken up 22 cases involving the deportation of Rohingya, and is segregating cases related to Rohingya migrants as a single batch. The court has not yet set a date to hear the issues.

Several arguments have been put forth by the petitioners, who are Rohingya people living in camps, challenging the government's stance:

• They argue that the United Nations High Commissioner for Refugees (UNHCR) has identified the Rohingya as refugees and that they are entitled to constitutional protection against deportation to Myanmar.
• They invoke the principle of non-refoulement, arguing that deportation to Myanmar would expose them to torture and death, especially given that Myanmar has declared them stateless.
• They highlight the prolonged detention suffered by some Rohingya after being declared foreigners.

The Indian government, which is not a party to the 1951 Refugee Convention or its 1967 Protocol and lacks a national refugee protection framework, views the Rohingya as illegal immigrants. The government has raised concerns about national security and the strain on resources due to the influx of Rohingya. It has also asserted its right to deport illegal immigrants under existing laws.

The Supreme Court's decision in this case will have far-reaching implications. It will determine the fate of thousands of Rohingya in India and clarify the extent to which fundamental rights apply to non-citizens. The ruling will also address the complex interplay between international law, customary norms, and domestic laws concerning refugees and illegal migrants. Furthermore, it will set a precedent for how India handles similar situations involving other refugee communities in the future.