The High Court of Manipur has directed the state authorities to make preparations for transport and secure passage of seven Myanmar nationals, who’re taking shelter in Moreh, to Imphal.
The directive was issued by a division bench comprising Justices Sanjay Kumar and Lunasungkum Jamir.
The courtroom additionally directed that no coercive steps or hostile motion shall be taken in opposition to the Myanmar nationals, be it by the state or the central authorities authorities.
Granting interim aid, the division bench noticed: “The principle against refoulement, i.e., the forcible return of refugees to a country where they are liable to be subjected to persecution, can prima facie be read into Article 21 of the Indian Constitution.”
The courtroom’s order got here on a plea by Nandita Haskar searching for a course to the state of Manipur to supply secure passage to seven Myanmar nationals to New Delhi in order to allow them to hunt safety from the United Nations High Commissioner for Refugees (UNHCR). The Myanmar nationals, together with 4 adults and three youngsters, are taking refuge on the Moreh city, in Tengnoupal district of Manipur, mentioned the petitioner.
Following the petition, the High Court impleaded the Ministry of Home Affairs, Defence and External Affairs as respondents.
During the listening to of the case, the Additional Solicitor General underscored the letter issued by the MHA (NE Division), Government of India, to the impact that steps needs to be taken to forestall potential unlawful inflow from Myanmar into Indian territory and provoke authorized proceedings in opposition to unlawful migrants.
To this, the courtroom noticed, “This is conscious of the fact that India is not a signatory to the Geneva Refugee Convention, 1951, or the New York Protocol of 1967. However, it is a party to the Universal Declaration of Human Rights and also the International Covenant on Civil and Political Rights. That apart, the protection afforded by Article 21 of the Indian Constitution is not limited to citizens and can be availed by non-citizens also”.
Before taking to Imphal, the district authority is directed to take the Myanmarese to a senior immigration officer at Moreh for the aim of noting their particulars and likewise acquiring their biometric particulars.
The courtroom can also be directed to supply satisfactory safety earlier than the following listening to on April 26.
