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Minors granted refugee status by UNHCR

Rohingya Refugee Camp
Image used for representational purposes only.
Date : 06/07/2017

Case title: State of Assam Vs. Musst. Fatema Begum & Musst Sakutana; GR Case No. 5687/2015; Juvenile Justice Board, Kamrup(M)

Synopsis: The Railway Protection Force apprehended two minor girls and one male adult from the Guwahati Railway Platform on 01-06-2015. On questioning, the three revealed that they were Bangladeshi citizens. A case was registered against them U/S 14 of the Foreigners’ Act, 1946, Sec. 4 of the Passport (Entry into India) Act, 1920 and Rule 6 of the Passport (Entry into India) Rules, 19,50. At the outset the two minor girls were declared as juveniles in conflict with law and the matter was transferred to the JJB, Kamrup(M). The juveniles pleaded not guilty and claimed to be tried. It was arrived at that the two girls were from Myanmar who had sneaked into India to reach Jammu & Kashmir. In the initial trial, order was passed to repatriate the citizens to Myanmar. HRLN’s lawyer applied at the UNHCR for providing the girls refugee in India which was ultimately granted and the two girls are now in Jammu & Kashmir.

Status (In court): Disposed. The UNHCR granted the girls refugee status and they are now in Jammu & Kashmir with their relatives.

Our matter was also used as a precedent in another case pending in which the Government filed an interlocutory application praying that the order in Rita Paul’s case not be allowed to be used as a precedent. This prayer of the Government was allowed.

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