A grave threat to India’s security

In a landmark observation on December 2, 2025, the Supreme Court of India delivered a loud message to those seeking to blur the lines between humanitarian compassion and national security. While hearing a habeas corpus petition filed by rights activist alleging the disappearance of several Rohingya individuals from Delhi Police custody, a bench led by Chief Justice Surya Kant questioned the very premise of extending procedural safeguards to illegal entrants. “Do we roll out a red carpet for those who intrude illegally?” the court remarked, emphasizing that India’s resources must first be secured for its own citizens who are facing abject poverty and unemployment. 

This isn’t just a judicial observation but a clarion call amid rising concerns over illegal immigration, particularly the Rohingya and Bangladeshis who are changing political canvas in few states in India. The court’s stance underscores a fundamental principle, justice begins at home. Yet, beyond the rhetoric of equity lies a graver reality-the pervasive threat these unchecked inflows pose to India’s internal and external security. As we are observing global migration crises intensifying, India’s porous borders are vulnerable since decades and we have faced cross border terrorism too.  

The SC’s intervention highlights a disturbing trend. Political patronage fuelled by vote-bank dynamics, which has allowed many to obtain Aadhaar cards, access welfare schemes and even approach courts for protection. This perception of eventual regularisation— “Bhai, Aadhaar bana lo, voter card ban jayega, phir Supreme Court bhi kuch nahi kar payega” – has only emboldened further, turning a humanitarian issue into a national security concern.

At the heart of this challenge is the internal security threat. Illegal immigrants, lacking verifiable identities, often integrate into underbelly networks that exploit India’s socio-economic fault lines. Reports from Jammu and Kashmir, where over 170 Rohingyas were detained in 2023 biometric drives, reveal links to local criminal syndicates involved in smuggling, fake documentation rackets and even low-level insurgent activities. 

The government’s affidavit in related cases has flagged intelligence inputs suggesting that some Rohingya elements, radicalized in refugee camps abroad, have been co-opted by Pakistan’s ISI to foment unrest in border states like Manipur and Assam. Let’s not mince words — Pakistan’s ISI and certain Dhaka-based traffickers are literally weaponizing desperate Rohingya families to bleed India from within. These aren’t isolated incidents, these are patterns seen worldwide, from ISIS recruits emerging from Syrian refugee flows in Europe to gang violence by Venezuelan migrants in the US. 

In India, it strains resources—housing, healthcare and jobs but more so fuels communal tensions and terrorism/crime activities. In Delhi’s Jamia Nagar and Hyderabad’s Old City, Rohingya settlements have become flashpoints for riots, with locals resenting. Rising sense of patriotism has also spiked such clashes. A 2024 NCRB report noted a 25% spike in crimes linked to undocumented migrants in urban slums, including human trafficking and petty extortion, underscoring how infiltration erodes social cohesion and empowers anti-national elements.

Externally, the security ramifications are even more alarming, as illegal immigration serves as a covert tool in many illegal and terrorists’ activities. Indian security agencies have intercepted consignments of small arms smuggled via these routes, intended for northeastern separatists like ULFA remnants. 

This isn’t just migration; it’s concern for geopolitical destabilization. China, benefits from a distracted India, while Bangladesh’s porous frontier- exacerbated by Sheikh Hasina’s ouster in 2024-facilitates unchecked flows. Globally, the playbook is familiar too but for India, the stakes are existential-any lapse could ignite violent disturbances here.

The SC’s ruling isn’t isolationist, it is a pragmatic realism. The bench has signalled that while Article 21 (right to life) applies but it doesn’t confer residency rights on foreigners. This aligns with the Citizenship Amendment Act’s exclusions and the National Register of Citizens’ imperatives in Assam, where over 1.9 million were flagged as potential foreigners in 2019. Yet, the court’s frustration with “fanciful ideas” during difficult times exposes a deeper malaise, judicial overreach in humanitarian pleas often outpaces enforcement. Political incentives perpetuate this—parties court migrant votes, doling out documents that enable legal battles, further incentivizing influxes.

The Supreme Court’s words are a timely reminder. Sovereignty and security aren’t negotiable. Prioritizing “justice for our own first” isn’t xenophobia—it’s survival. In an era where migrants become weapons in proxy wars, India’s resolve will define not just its borders, but its future as a secure, safe and self-reliant nation.

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