The Supreme Court has issued notice in a petition seeking food security for all refugees and asylum seekers, particularly those residing in settlements.

The bench of Justice D.Y. Chandrachud and Justice A.S. Bopanna heard the matter filed by Advocate-on-Record Amiy Shukla and observed that though the Covid problems are over, however, issued notice to the Centre, Delhi, Haryana, Jammu and Kashmir, Telangana, Manipur, and Mizoram wherein a number of refugees and asylum-seekers, who are residing in different settlements, are gravely affected by Covid-19.

The petition prays for a direction to the state governments to provide free dry rations to all refugees and asylum seekers who are registered with the UNHCR, India without any requirement of a Ration card, Aadhaar card or any other documentation. It is also prayed to set up community kitchens across all settlements where refugees and asylum seekers are residing. The petitioner also seeks arrangements for the provision of foodgrain entitlements in consonance to the provisions of Section 3 of the National Food Security Act, 2013 and also seek the distribution of nutritious food in accordance with sections 4, 5, and 6 of the National Food Security Act for the children and women through Anganwadi centres and furthermore to supply three free nutritious cooked meals a day to refugees and asylum seekers that require cooked meals

Shukla submitted that the right to food is an implication of the right to life enshrined in Article 21 of the Constitution of India. Furthermore, the enactment of the National Food Security Act, 2013 marked a paradigm shift in the approach to food security from welfare to a rights-based approach. However, the conditions in the refugee settlements are deplorable and there are ever-present health challenges like lack of sanitation, no proper toilets, shortage of drinking water, etc. even during the best of times, for the residents of these settlements.

The petition raises questions like whether the right to food which is protected under Article 21 of the Constitution of India can be denied for non-possession of Aadhaar and Ration Card during the pandemic when there is data available in UNHRC records.

It is stated that according to the UNHCR factsheet dated 31.01.2020, there are 2,10,201 refugees and asylum seekers residing in India. There are 203,235 refugees from Sri Lanka and Tibet, and 40,859 refugees and asylum seekers of other nationalities are registered under UNHCR’s mandate. There are around 2000 refugees who are not registered with UNHCR as the registration process has been gravely affected due to Covid-19.

It states that there are around more than 17,000 refugees and asylum seekers living in different settlements across the NCT of Delhi. They belong to different nationalities and came to India because of a well-founded fear of persecution in their country of origin. It is stated that, ever since the lockdown was first imposed in 2020, there has been a huge loss of livelihood opportunities, and almost all Afghan refugee families are struggling to make ends meet. The Afghans reported that the lack of documentation makes it difficult for them to get money transferred from relatives and acquaintances abroad, which was the only little help they were hopeful of receiving during this time of very little to no income at all.

It is stated that the Chin refugees and asylum seekers were discriminated against because of their appearance and harassed by labeling them as ‘chinki and coronavirus’. As per the data collected by the petitioner, there are approximately 3000 Chin refugees and asylum seekers from Myanmar, who are mostly residing in the areas of West Delhi in rented accommodations.

The petition further states that there are 721 Rohingya residing in the State of Delhi. The Rohingyas are residing in two settlements i.e. Sharam Vihar settlement and Khadar Rohingya settlement. The settlements are in cramped conditions, making the residents especially vulnerable to the spread of Covid-19. The water in these areas is highly contaminated and has high iron which makes it undrinkable. There have been several reports in the past of various critical health conditions because of the intake of groundwater. The water tanker used to visit these areas, however, there has been no supply of clean drinking water since the announcement of the lockdown by the Delhi government.

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The 102 Iraqis refugees residing in Delhi have reported that they are facing complete loss of jobs and income, and are struggling to make ends meet every single day. The Iraqis also reported that since they do not possess any identification document issued by Indian authorities, they were not able to avail themselves of the free ration distribution schemes of the government.

The petition further elaborates on the different number of refugees being settled in different states. For example, as of March 9, 2021, there are a recorded 28 (twenty-eight) settlements with around 1783 families i.e. around 7600 individuals belonging to the ethnic minority group of Myanmar known as Rohingyas residing in various settlements in Jammu, Union Territory of Jammu and Kashmir. The total population of the Rohingya refugee and asylum seekers in the Union Territory of Jammu and Kashmir comprises approximately 3647 children and 1624 women. All the settlements are in deplorable conditions with limited access to government schemes.

Case Title: Fazal Abdali vs. UOI

By Dr Charu WaliKhanna 

Tucked in a narrow lane of South Delhi is a small basement where Afghan women throng to acquire new skills assisted by Samarpan Foundation. From all walks of life – housewives, doctors and even government officers – learn crochet, potli making, tailoring and even how to make sustainable cloth sanitary napkins, in an effort to survive and rebuild their lives.

Merrily chattering away among themselves in a mix of Pashto, Dari and Farsi, they quickly switch over to Hindi to speak to me. I had gone as an advocate representing NGO SAFMA with grandiose plans to address them on their rights, but was soon humbled by their spirit.

The heart rendering words of a woman stirred me…. not in despair, not in defiance but a simple statement of fact “Majboori sab kuch sikha deti hai” (Necessity teaches one everything). The words of an old Hindi song resonated in my mind as if they were promising themselves-“We shall overcome someday. Deep in my heart, I do believe…..”

Escaping persecution and violence in Afghanistan, these women have taken the bold step of leaving behind their loved ones and coming to India for a better life. Women always are the worst sufferers in any conflict zone, yet patriarchal mindsets exclude them from any decision making roles.Instead of supporting and encouraging them, society places the burden on women to struggle for equality and freedom. Not surprising in spite of Taliban’s publicity blitz vowing to respect women’s rights, and in face of the rising crisis a sense of fear pervades, for it is the women who have most to lose.

Scenes of Taliban fighters violently suppressing a women’s protest in Kabul demanding inclusion in the yet-to-be named Taliban government, were being shown on TV. On a modest gathering of 100 women, tear gas, rifle butts and metal clubs were used. Statements such as “Women can’t be Ministers, they should give birth”…flashed in the news. Don’t they seem quite familiar, even in India? Haven’t we heard them before? The first thing a patriarchal society does is impose its authority on women…. deciding what they should wear, whom they should talk to or what they should eat or not eat (if widowed). 

The key to empowerment of women is education and employment.Despite Taliban’s claimof not prohibiting women’s education, female students and teachers express safety concerns as several of them fear walking in the streets, let alone attend educational institutions. 

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Not a long ago, a 12-year-old Afghan refugee girl was allegedly denied attending classes by her school in Delhi on the grounds of her not having an Aadhaar card. It took a Bench of two women judges, Acting Chief Justice Gita Mittal and Justice Anu Malhotra, to come out in her support and direct the Government of Delhi to allow her studies.  The justices opined that “We do not want a child to lose a year”.

This is a classic example of how women and girls are deprived of their basic right to education and livelihood by various Governments due to lack of documentation. Not-for-profit organisations invests heavily in training such refugee women and providing them with employment opportunities, but are incapable of providing them ‘fair trade’ rates since these women don’t have bank accounts in India. 

Indian rules do not permit Afghan women to open bank accounts without an Aadhaar Card, which most of them are unable to get. Although the UNHCR office is authorized to grant them ‘refugee status’ and issue identification cards, however, India is neither a party to the UN Refugee Convention of 1951 nor its 1967 Protocol and as such, does not have a national refugee protection framework.

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Thus, such aforementioned women or any similar group is not recognised by the Ministry of Home Affairs, and accordingly unable to enjoy the rights given in other countries like the UK or US. Simply put these women do not have the legal right to work in India, making them vulnerable to exploitation in the unorganized job market, which is also extremely low-paid.

Oblivious to this paradoxical situation, this room full of Afghan women, who’re being supported by several NGOs in India, is brimming with high spirits, hope and great resilience. It may be their cause, but it’s the cause of all women to mutually support each other to overcome. 

As an old song goes, “Man main hai vishwas, pura hai vishwas, hum honge kaamyaab ek din”.

–The author is an advocate, Supreme Court of India 

The Delhi High Court has asked the Centre on Friday to decide within two days on shifting Afghan nationals protesting outside the office of United Nations High Commissioner for Refugees (UNHCR) to a designated place while strictly adhering to Covid-19 protocols.

The Bench headed by Justice Rekha Palli was hearing a plea filed by the Vasant Vihar Welfare Association against the gathering of Afghan nationals (refugees/asylum seekers) outside the UNHCR office building. The Bench, while refraining to pass any adverse orders in the matter at the moment, directed the Government to take requisite steps before the next date, failing which the Court will be constrained to pass appropriate orders.

The Delhi Police contended that no permission has been granted by it to Afghan nationals protesting outside the UNHCR office. It was submitted that no brute force was used by police to remove these persons as it is a sensitive issue and likely to have international ramifications.

Central Government Standing Counsel Ajay Digpaul submitted that these protesters are not there by choice, but due to certain compulsion. “We all have to understand the pain of these refugees. The petitioners also must understand that,” he said. In this light, he sought for time to decide how the issue can be resolved at the earliest. The Bench slated the matter for September 7.

The Bench had earlier expressed concern over the large gathering of foreign nationals outside the UNHCR office and while issuing notice, said that the protest should not result in a super spreader event of coronavirus.

The present plea has been filed by Vasant Vihar Welfare Association sought directions to the Centre, Delhi Police Commissioner, Delhi Government and South Delhi Municipal Corporation to take note of the foreign nationals (refugees/asylum seekers) who have started gathering, squatting and dwelling in temporary structures outside the office of the United Nations High Commissioner for Refugees (hereinafter also referred to as ‘UNHCR’) at B Block, Vasant Vihar, New Delhi including lanes and parks adjoining it and remove the aforementioned individuals from the locality by settling them in appropriate dwellings or camps.

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The grievance of the petitioner association is that the squatting and dwelling of a large number of asylum seekers and foreign nationals in common spaces of the locality,is causing hindrance in their enjoyment of the common spaces of the locality, and is also creating a possibility of the spread of coronavirus as there is no mechanism for ensuring that proper Covid-19 protocol is observed by the said individuals who probably are not even vaccinated.

The Delhi High Court today has issued notice in a plea filed by Vasant Vihar Welfare Association against the gathering of foreign Afghan nationals (refugees/asylum seekers) outside the office of the United Nations High Commissioner of Refugees building.

The association approached the court with a grievance against the squatting and dwelling of a large number of asylum seekers and foreign nationals in common spaces of the locality. It said such squatting is causing hindrance in the enjoyment of the same and is also creating a possibility of the spread of coronavirus as there is no mechanism for ensuring that proper Covid-19 protocol is observed by the said individuals who probably are not even vaccinated.

Protest should not result in Covid-19 super spreader event, says Justice Rekha Palli

A single-judge bench of Justice Rekha Palli said the protest should not result in a super spreader event of coronavirus while issuing notice to the Centre, Delhi Government, Commissioner of Police, South Delhi Municipal Corporation (SDMC) and Delhi Jal Board.  

The Court noted that Counsels for the Centre, Ministry of External Affairs, Delhi Police and Delhi Government sought time to take instructions as to how the issue can be resolved at the earliest so that these gatherings do not act as super spreader of Covid-19. 

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The High Court directed the counsels for Delhi Police and Delhi government to inform the court as to whether any guidelines have been finalised in terms of the decision by the Apex Court in the matter of Mazdoor Kissan Shakti Sangathan v. UOI. And if not the reasons therefore. 

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The court directed the Delhi Police, GNCTD and Union to bring a proposal to relocate the foreign nationals from the locality and ensure Covid norms are followed. The matter would now be heard on September 3. The Court will consider on that day whether there is need to file a counter-affidavit. The Court has asked the Counsels to take steps in the matter effectively. 

Afghan refugees at UNHCR office in Vasant Vihar B block

The present plea has been filed by “Vasant Vihar Welfare Association” seeking directions to the Union of India, Commissioner of Police (Delhi Police, Government of NCT of Delhi and South Delhi Municipal Corporation to take note of the foreign nationals (refugees/asylum seekers) who have started gathering, squatting and dwelling in temporary structures outside the office of the United Nations High Commissioner of Refugees (hereinafter also referred to as ‘UNHCR’) at B Block, Vasant Vihar, New Delhi including lanes and parks adjoining it and remove the aforementioned individuals from the locality by settling them in appropriate dwellings or camps.

The Petitioners apprehends that if no respite is provided by the Respondents to the foreign nationals and the number of such persons keep increasing, the same could be a recipe of disaster in terms of public order as there is a possibility of the protest becoming violent and the pent-up anger of the foreign nationals being unleashed on the locality while treating the public and private property along with the unsuspecting residents.

The petitioners prays to the court that the respondents be directed to ensure that there is no encroachment in Petitioners’ vicinity, clear passage of way, compliance of COVID-19 protocol by the Asylum seekers/Refugees, and maintenance of security.

Arguments raised

The counsel for the petitioner submitted that the foreign nationals who are protesting sitting close to each other and is likely to be a super spreader of corona virus and prays that the respondents be directed to remove the protestors from the locality. 

The counsel for the Centre Ajay Digpaul submitted that interim Arrangements can be made as there will be some international consequences and this crowding needs to be resolved by the Delhi police and SDMC so that there is no spreading of corona virus.

“International consequences does not mean that in Delhi you will endanger the lives of people,” Justice Rekha Palli replied.

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The standing counsel of GNCTD, Satyakam submitted that the law and order situation has to be handled and meanwhile binding has to be made by the Delhi Police and SDMC.

In the course of hearing, the learned counsels for the respondents prays for the time as to how the issues can be resolved at the earliest that these gatherings does not lead to super spread of Covid 19 as per the order.

The court observed that the there is a need of a proposal to relocate the foreign nationals from the locality and strict adherence to Covid protocols and safety measures are need to be taken by the officials.