Plan to rehabilitate Hindu refugees a policy matter: HC

The court asserted that there was an urgent need for provision of these measures to enable them to live with dignity in India

The Delhi high court on Wednesday refused to pass an order directing the Centre and the Aam Aadmi Party (AAP) government to grant rehabilitation packages to Hindu refugees from Pakistan who were granted citizenship, saying that it was not empowered to take a call as it is an issue of policy.

A bench of acting said that it was not empowered to take a call regarding the people who were entitled for such packages and the extent to which the same could be granted. (File Photo)

The court was responding to a plea filed by NGO Akhil Bhartiya Dharam Parasar Samiti, which highlighted the deplorable living conditions of the refugees granted citizenship under the Citizenship (Amendment) Act, 2019. It asserted that there was an urgent need for provision of these measures to enable them to live with dignity in the country.

A bench of acting chief justice Vibhu Bakhru and justice Tushar Rao Gedela said that it was not empowered to take a call regarding the people who were entitled for such packages and the extent to which the same could be granted.

“This (provision of rehabilitation packages to refugees) is clearly a matter of policy of the government. The question whether rehabilitation packages and to what extent is required to be provided is essentially a matter of policy. You’re asking for a rehabilitation package which needs to be evaluated on different parameters,” the bench told advocate Divita Dutta, representing the NGO.

The NGO also asserted that though it had made a representation urging the Union home ministry (MHA) and other authorities to consider providing rehabilitation packages, no action was taken.

While the bench refused to entertain the petition, the court asked MHA to take a call on the NGOs representation. It asked the ministry to take an informed decision, remarking that the plea pointed towards a “human problem”.

“Provisions will have to be looked into and if a rehabilitation package has to be provided, it will be provided. You’re pointing out a human problem. Let them consider whatever package they can and also the measures they can. We are not determining what are the measures, they will determine it,” the bench said to advocate Dutta. It added, “In view of the above, we consider it apposite to dispose of the plea by directing the Respondent number 1 (Union government) to consider the petitioner’s representation and take an informed decision.”