Human Rights Activist Ubais Sainulabdeen Files a Case for all Refugees in India

NEW DELHI:
Human rights activist Ubais Sainulabdeen has filed a PIL on the supreme court of India (Ubais Sainulabdeen vs. UOI: Diary number- 3459/2018) for the welfare of all Refugees in India through AOR PV Dinesh. The case was heard on 09/04/18.
Senior Advocates Chander Uday Singh and Ragendu Basanth appeared for Ubias Sainulabdeen. Ubais through this case is especially asking to provide basic human necessities as interim relief for Rohingyas from Myanmar who are the recent refugees in India fleeing from ethnic genocide in Myanmar. The Indian as a civilization and the Indian governments in the past have had an exemplary humanitarian record of their treatment with Refugees until now. This humanitarian custom which stood the test of time despite there being a refugee policy or law is the verge of being discontinued by the present government.
Ubais has been working for different refugee groups in India since 1988 ranging from the Srilankan Tamils, Pakistani Hindus to the Rohingya Refugees from Myanmar. Rohingyas are termed as the most persecuted minorities by the United Nations. A PIL on the Rohingya Refugee was filled by Senior AOR Prashant Bhushan for two Refugees was first heard on 11th September 2017 and many other similar jointers were added by various humanitarian organizations. This case was last hearing on 09/04/18. The next hearing will be on 09/05/18.
This particular case Ubais is filing is for all Refugee groups in India not just for Rohingyas. I.e. primarily to have a comprehensive Refugee-Asylum seekers policy in India. Shashi Tharoor MP has previously pressed individually for such a bill in the parliament in 2015. Ubais believes that all Refugee groups must be equitably treated under a proper law ensuring them all basic Human rights. He believes that the so-called security threats especially being levied on the Rohingyas can be disarmed by giving
them a zone like we did with the Tibetans so that the government can easily monitor them. Ubais and his team runs various projects for the refugee group across India. Ranging from basic educational projects for their children and youth to Livelihood projects for the Refugee men and women.
In this case he is requesting the honorable supreme court to make a comprehensive Refugee-Asylum seeker policy/Law. To provide zones for refugees until they can go back to their own country also the government can overcome the security hurdle/issue by giving them zone so that they can be easily monitored. To Immediately give their children access to education. Based on the Article 21A as well as the child rights convention 1989 which was ratified by India in 1992 and most importantly to provide them opportunities of Livelihood, access to healthcare & sanitation act and all that they need to lead a life with basic human rights.
Following is the extract of the prayers advanced in the PIL petition:
” A) issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the respondents to take immediate steps to ensure that the presently existing refugee camps, whether on private land or government land, are having hygienic and humane living conditions, and take steps to ensure supply of drinking water, food, and basic medical care in such camps;
B) Issue a writ of Mandamus or any other appropriate writ, order or direction to the respondent to take appropriate steps to enroll all children of refugees in the nearest public schools as per the Right to Education Act (2009).
C) Issue a writ of Mandamus or any other appropriate writ, order or direction to respondents to provide porta-cabins and mobile sulabh sauchalaya toilets in the presently existing refugee camps to ensure protection from the elements and hygienic waste facilities.
D) Issue a writ of Mandamus or any other appropriate writ, order or direction to Respondent No. 2 & 4 to ensure new born care including vaccinations and adequate nutrition for all infants in the camps including bi-weekly visits from a paediatric physician.
E) issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the respondents to ascertain and document the presently existing refugee camps all over the country, and to take forthwith steps to assess the living conditions of refugees therein;
F) issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the respondent to establish and set up refugee camps under the direct control and administration of the respondent with basic amenities and hygienic conditions;
G) Pleased to issue any other writ or direction(s) or Order(s) as the Court may deem fit and proper in view of the facts and circumstances of the case and in the interest of justice. ”
Ubais strongly believes that the Supreme court of India will definitely find a humanitarian solution to this issue.