PRIYALI SUR vs. UNION OF INDIA

by | Mar 4, 2024

ASPECTS DETAILS
Case Title    PRIYALI SUR vs. UNION OF INDIA
Introduction Petition seeking release of illegally detained Rohingya refugees in India.
Factual Background Rohingyas labeled as “illegal immigrants” in India, facing inhumane treatment and restrictions.
Legal Issues Arbitrary arrests, unlawful detentions, limits on freedom of movement, limited access to education, health care, legal services, and employment.
Applicable Law
  • International Court of Justice ruling on Rohingya genocide.
  • UNHCR recognition of Rohingya refugees as refugees.
Analysis India’s obligations under international agreements on human rights and genocide prevention, domestic laws on right to life, violation of standard operating procedure for treatment of refugees.
Conclusions Discrimination and arbitrary detention of Rohingya refugees in India is illegal, unconstitutional, and violates international obligations and domestic laws.
Current Scenario Supreme Court to hear the case in March.

 

CASE SUMMARY: The petitioner, Priyali Sur, has filed a writ petition seeking the release of illegally detained Rohingya refugees in India. The petition highlights the inhumane treatment and restrictions faced by Rohingya refugees, including arbitrary arrests, unlawful detentions, and limited access to education, health care, and employment. Despite being recognized as refugees by the UNHCR, they are officially labeled as “illegal immigrants” in India. The petition argues that their continued detention is illegal, unconstitutional, and violates international obligations and domestic laws.

SOURCE- THE HINDU

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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