Satya Prasoon dissects the claims made by the Government of India in its affidavit on 18th Sept in the Supreme Court. Examining the constitutional law and international law positions he argues that the Government’s stand of deporting 40,000 Rohingyas is not legally justifiable. However, The Indian State needs to see beyond the law and frame it as a larger moral question of human suffering and loss. This case is not just about deciding the fate of 40000 individuals butalso indicates, if India is just a geographical construct or a nation with a moral core.
Author: Satya Prasoon
Satya Prasoon is with Centre for Law and Policy Research. CLPR tracks important Supreme Court cases at http://scobserver.clpr.org.in/