Former Orissa High Court Chief Justice S Muralidhar on Friday cautioned against labeling every migrant worker as 'Bangladeshi'..He said such sweeping generalizations often lead to unwarranted national security concerns and unjust treatment of immigrants, refugees and asylum seekers."The word Bangladeshi for every migrant is a dangerous word from the point of view of the State. Always, the arguments of national security and integrity is put forth and with even greater vehemence in cases of immigrants, refugees and asylum seekers," Justice Muralidhar said.He reminded that India has always been a country of migrants and immigrants and that borders are political."India has always been a country of migrants and immigrants. It is only the political, legal borders that have termed them Bangladeshis, Rohingyas or illegal migrants," he opined.Justice Muralidhar was delivering the keynote address on the topic "Opening Doors to Justice: Prevention of Violence Against Migrant Women" organised by Migrant & Asylum Project (MAP). .The judge, in his address, painted a stark contrast between the response of two courts to the same issue. While an interim order from the Supreme Court denied relief to some Rohingyas in Jammu and Kashmir, a "brilliant judgment" from the Manipur High Court allowed Rohingyas to obtain United Nations High Commissioner for Refugees (UNHCR) certificates, he recounted..On Manipur High Court's approach, he stated, "That was the welcome approach and one hopes that that would be the tenor the judiciary." .Addressing the legal community, Justice Muralidhar expressed his concerns about the lack of human rights-oriented legal education in India. He emphasized on the pressing need to prepare lawyers for human rights work."The Bar in India does not prepare lawyers for human rights work. We need to develop that kind of bar. That orientation is going to help a lot," he stated.Justice Muralidhar also mentioned the misconception held by many illegal migrants and asylum seekers that they lack legal rights. He called for a shift in this belief and stressed on the importance of ensuring that migrants are well-informed about their rights..He encouraged organizations like MAP to document and map the informal systems and practices that affect migrants.Having such information would be instrumental in advocating for policy changes and legal reforms, he said.Turning his attention to legal service providers, Justice Muralidhar urged them to overcome their inhibitions when engaging with individuals who may be considered illegal migrants."I think there is a need for all the legal services to shed their inhibitions that they have in engaging people who may fall in the domain of illegality," he said..He concluded by expressing hope that the formal legal system in India would become more inclusive and adopt a broader understanding of justice.
Former Orissa High Court Chief Justice S Muralidhar on Friday cautioned against labeling every migrant worker as 'Bangladeshi'..He said such sweeping generalizations often lead to unwarranted national security concerns and unjust treatment of immigrants, refugees and asylum seekers."The word Bangladeshi for every migrant is a dangerous word from the point of view of the State. Always, the arguments of national security and integrity is put forth and with even greater vehemence in cases of immigrants, refugees and asylum seekers," Justice Muralidhar said.He reminded that India has always been a country of migrants and immigrants and that borders are political."India has always been a country of migrants and immigrants. It is only the political, legal borders that have termed them Bangladeshis, Rohingyas or illegal migrants," he opined.Justice Muralidhar was delivering the keynote address on the topic "Opening Doors to Justice: Prevention of Violence Against Migrant Women" organised by Migrant & Asylum Project (MAP). .The judge, in his address, painted a stark contrast between the response of two courts to the same issue. While an interim order from the Supreme Court denied relief to some Rohingyas in Jammu and Kashmir, a "brilliant judgment" from the Manipur High Court allowed Rohingyas to obtain United Nations High Commissioner for Refugees (UNHCR) certificates, he recounted..On Manipur High Court's approach, he stated, "That was the welcome approach and one hopes that that would be the tenor the judiciary." .Addressing the legal community, Justice Muralidhar expressed his concerns about the lack of human rights-oriented legal education in India. He emphasized on the pressing need to prepare lawyers for human rights work."The Bar in India does not prepare lawyers for human rights work. We need to develop that kind of bar. That orientation is going to help a lot," he stated.Justice Muralidhar also mentioned the misconception held by many illegal migrants and asylum seekers that they lack legal rights. He called for a shift in this belief and stressed on the importance of ensuring that migrants are well-informed about their rights..He encouraged organizations like MAP to document and map the informal systems and practices that affect migrants.Having such information would be instrumental in advocating for policy changes and legal reforms, he said.Turning his attention to legal service providers, Justice Muralidhar urged them to overcome their inhibitions when engaging with individuals who may be considered illegal migrants."I think there is a need for all the legal services to shed their inhibitions that they have in engaging people who may fall in the domain of illegality," he said..He concluded by expressing hope that the formal legal system in India would become more inclusive and adopt a broader understanding of justice.
