Myanmar refugees to have their plea for Delhi University admission without passports heard by Supreme Court

Photo – Maung Henry Htoo Aung Lynn, who applied for admission to Delhi University, and his lawyer. (CRC – Delhi) It has been learned that the Delhi Supreme Court will continue to hear the case of Myanmar refugees residing in India who are seeking admission to university without passports. The case was filed by Maung Henry Htoo Aung Lynn, a Myanmar refugee, and his lawyers, who argued that the requirement for a valid passport for foreign students applying to Delhi University in New Delhi constitutes unfair discrimination. "We cannot say yet how it will proceed. As far as we know, the court has asked the Ministry of Home Affairs and the Ministry of External Affairs whether the current applicant is a refugee or asylum seeker recognized by UNHCR, and whether university admission can be granted without a passport. It appears that further hearings and decisions will be made after these clarifications are obtained," a Myanmar refugee in New Delhi told Mizzima. He added that although the prestigious Delhi University has strict admission rules, there have been instances in the past where some Myanmar refugees were allowed to attend without passports. Maung Henry Htoo Aung Lynn, who applied for university admission, fled Myanmar in 2022 and has completed his 10th grade in Mizoram state and 12th grade in science in Meghalaya state, India. He is currently living under the protection of the United Nations High Commissioner for Refugees (UNHCR). His lawyers argued in court on July 10 that treating refugees, who have legal and humanitarian status, the same as ordinary foreigners violates Articles 14 and 21 of the Indian Constitution. During the hearing, the judge asked the university's lawyer, "How can you expect a passport from a refugee? " and requested the university's response. The court has requested clarifications from the Ministry of Home Affairs and the Ministry of External Affairs regarding the definition of refugee status and university admission, and has scheduled the next hearing for July 20. According to a Myanmar refugee who graduated from university in India with a refugee card, Delhi University is a very difficult institution to get into, even for Indian citizens. The Chin Students' Union (CSU) is currently assisting Myanmar nationals in gaining admission to Indian universities and colleges, and has signed Memoranda of Understanding (MoUs) with some universities. India has not signed the 1951 UN Refugee Convention or its 1967 Protocol, nor does it have a specific national law for refugees. Therefore, those who enter the country are often treated as general foreigners under the Foreigners Act of 1946. Furthermore, while the Indian government directly recognizes and protects Tibetan and Sri Lankan refugees, it follows a system of granting refugee status to asylum seekers from countries such as Myanmar, Afghanistan, Somalia, and Iran only after screening through UNHCR.