No discrimination between citizens and Rohingya in providing medical care, Centre tells SC

“There is not a single reported case in which Indians or non-Indians are denied treatment," says Additional Solicitor General Tushar Mehta.

Future in flux: Residents of a Rohingya refugee camp in Kalindi Kunj, New Delhi. File

India has not denied basic medical care to a single Rohingya — man, woman or child — living here, the government submitted before the Supreme Court on Monday.

The government does not discriminate between an Indian and a non-Indian while providing medical care in government hospitals, the Centre said, refuting allegations that Rohingya living in refugee camps are denied healthcare at government medical establishments.

In fact, the government urged the apex court to investigate the “genesis” of a series of public interest petitions filed in the Supreme Court for the Rohingya cause and raised suspicion whether the actual objective of these petitions were to cause “disintegration and de-stabilisation”.

“There is not a single reported case in which Indians or non-Indians are denied treatment... In fact, any person living in India is not denied permission for medical care,” Additional Solicitor General Tushar Mehta addressed a Bench led by Chief Justice Dipak Misra.

Mr. Mehta went on to question the “interest” of the PIL petitioners in the Rohingya cause. “There is a spat of PILs. What is the genesis of these PILs? Some day your Lordships may have to go into that,” the law officer submitted.

“The interest of humanity,” countered advocate Prashant Bhushan, for the PIL petitioners, who are Rohingyas living in India.

“Are the children of Rohingya not entitled to basic facilities of education and health?” Mr. Bhushan asked in the court.

Senior advocate Ashwini Kumar asked why the government “always brings up the bogey of destabilisation when an issue of human rights come up”.

“Does India stand up to its international commitments? Does India stand up to Article 21 [right to life] which is not confined just to citizens but to all? What about the concept Vasudhaiva Kutumbakam ? Sovereignity of India is not antithetical to human rights,” Mr. Kumar submitted.

Senior advocate Colin Gonsalves, for the petitioners, said the petitions were not meant to be hostile to the government. The petitioners were only asking for toilets, drinking water, access to medical care and education.

Mr. Mehta said the solution to the problem lay in diplomatic talks. “These are issues better left to diplomatic solutions,” he reacted.

The court agreed to hear the petitions for final disposal on April 9.