New Delhi: Delhi government is “engaging in cheap politics” by denying children of Rohingya refugees their right to an education, says advocate Ashok Agarwal. Acting on behalf of Social Jurist, the Delhi-based NGO he runs, Agarwal filed a Special Leave Petition (SLP) in the Supreme Court Thursday challenging the Delhi High Court’s dismissal of a Public Interest Litigation (PIL) seeking directions to authorities concerned to allow children of Rohingya refugees to enroll in local schools near their place of residence.
“What is happening with Rohingya refugee children is both unfortunate and unconstitutional,” Agarwal told ThePrint Friday. There is no requirement under the Right to Education Act that a child must be an Indian citizen to access education, he underlined.
“This is not only a violation of children’s rights but also their parents’ rights, as they are being denied the opportunity to educate their kids. As long as the children are on our land, it is our responsibility to provide them with education, regardless of their citizenship status,” he added.
With assembly elections in Delhi around the corner, the ‘resettlement’ of Rohingya refugees and by extension, their children’s right to an education, has emerged as a political hot potato.
On 20 December, the Municipal Corporation of Delhi (MCD) issued directions to its education department to conduct a drive to identify the children of “illegal Bangladeshi migrants” enrolled at MCD-run schools. Three days later, the Delhi government directed schools in the city-state to ensure that these children are not granted admission. “We will not let the rights of the people of Delhi be taken away,” CM Atishi declared.
In his petition, Agarwal submitted that it was upon his visit to Shri Ram Colony in Delhi’s Khajoori Khas in October 2024 that he discovered how several Rohingya refugees were being denied admissions by both MCD and Delhi government-run schools.
The refugees also claimed that some children already enrolled were deprived of statutory benefits such as uniforms and writing materials due to the lack of bank accounts, the petition in the Supreme Court said. Citing these violations as unconstitutional and contrary to the Right to Education (RTE) Act, Agarwal argued that the inability of refugees to open bank accounts cannot be a legitimate reason to withhold these entitlements.
Although government schools in Delhi are technically open to all irrespective of citizenship, the children of refugees face a difficult path to enrollment. The lack of Aadhaar cards—a requirement for school admission—leaves many of these children with limited opportunities.
On 29 October, the Delhi HC dismissed a PIL seeking directions to local schools to grant admission to children of Rohingya refugees. Admissions, it said, could lead to integration of foreign nationals into the mainstream, which it deemed outside judicial purview.
In response, Ashok Agarwal urged the Ministry of Home Affairs in November to issue a directive clarifying that all children of refugees, regardless of nationality, are entitled to education under Articles 14, 21, and 21-A of the Constitution and RTE Act, 2009.
The Right to Education Act guarantees free and compulsory education for every child between the ages of 6 and 14, mandating that private schools reserve 25 percent of seats for underprivileged children. Yet, these protections often remain inaccessible to children of refugees and particularly Rohingyas, who are classified as illegal immigrants in India.
Unequal treatment
“To get refugee kids enrolled in government schools, one only needs to provide a UNHCR-issued refugee card, two passport-size photographs, and an affidavit from the UNHCR. Even after submitting all these documents, some schools still refuse admission, saying they will not take any more Rohingya children,” said a visibly frustrated Mizan Ahmed.
The 32-year-old fish seller from Khazoori Khas added, “While some Rohingya children have managed to gain admission through help from local NGOs, many others face the insurmountable barrier of not having Aadhaar cards. Schools without clear policies on refugee admissions often turn them away, leaving many children without formal education.”
On denial of school admission for children of Rohingya refugees, the UNHCR told ThePrint: “UNHCR acknowledges the challenges faced by Rohingya children in Khajuri Khas regarding school enrollment and works with relevant authorities to address these issues.”
“Many refugee children are able to access education, but barriers persist, particularly for new admissions. UNHCR emphasizes that access to education is a fundamental right and continues to work with stakeholders to support the inclusion of refugee children in national education systems,” it added.
Even for those who secure admission, the challenges don’t end there. The lack of Aadhaar cards or other formal documentation disqualifies refugee children from government scholarships and higher education opportunities. As one Rohingya refugee asked, “What happens after Class 12? Colleges require documents that we do not have.”
The situation is further complicated by the fact that while many Rohingyas hold UNHCR-issued refugee IDs, these are not widely recognised in India, preventing access to services like higher education and formal employment.
By some estimates, more than 22,000 Rohingya refugees live in India, most of whom fled Myanmar in 2017 to escape a military crackdown.
However, since India is not a signatory to the 1951 UN Refugee Convention, Rohingyas are classified as illegal immigrants, ineligible for basic rights and services, including education.
Ashok Agarwal pointed to previous successes in securing school admissions for children of Pakistani Hindu refugees, whose cases were granted by the same court. But, the high court rejected the plea filed in October, classifying Rohingyas as “foreigners” who had not been “legally granted entry” into India.
In January 2024, the Delhi HC directed MCD to ensure statutory benefits for children of Afghan refugees, setting a precedent for addressing the educational rights of refugee children.
This legal distinction between Rohingya Muslims and other refugee groups has led to unequal treatment.
Pakistani Hindu and Afghan refugees often experience a smoother process in securing school admissions for their children, aided by their legal status under the Citizenship Amendment Act (CAA), which provides them with an easier path to citizenship.
This disparity underscores the critical role nationality and legal status play in shaping refugees’ access to basic rights in India. The continued denial of education to Rohingya children reflects a broader issue of legal exclusion, which leaves vulnerable refugee communities in limbo, deprived of the opportunity to secure a better future through education.
Vartika Singh is an intern with ThePrint
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Advocate and Reporter must adopt 10 kids each, keep them at home, give free food shelter to set examples for community. This will be true sympathy rater than rhetoric.
Let the reporter adopt a rohingya child and sponso his/her education. The Print has an ideology of anti Hindu and Anti India. We all know who owns this digital media.
First recognise them, then deport them. There should be no other step in between.
Anyone whose heart bleeds for the Rohingyas should provide them refuge in his/her own home and properties.
One is reminded of the incident in US when the Republicans took bus-loads of illegal immigrants to Martha’s Vineyard and dumped them there, to be taken care of and provided for by the pro-immigration Democrats. Not a single Democrat came forward to house and feed these “hapless refugees”. Rather, they straightaway disowned them and sent them back to where they came from. So much for their “bleeding hearts”.