Supreme Court Asks Centre To Look Into Alleged Forced Recruitment Of Indians In Russian Army To Fight Ukraine War

The Supreme Court asked the Union Government to look into the plea filed by the families of 26 Indian nationals allegedly lured by illegal recruitment agents and forcibly enlisted into the Russian armed forces to fight in the Russia-Ukraine war.

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi ordered, "Counsel for the Petitioners are directed to hand over the soft copy and hard copy of the Petition to the Learned Solicitor General of India...Three weeks time granted to seek instructions."

A writ petition was filed under Article 32 of the Constitution of India concerning grave constitutional concerns regarding the protection of the life, liberty, dignity and livelihood of Indian citizens who have become stranded, detained or forcibly recruited in circumstances connected with the ongoing armed conflict in the Russia-Ukraine region.

Counsel for the Petitioner submitted, "Continuous and uninterrupted inaction by the State...We are Indian citizens, we hold Indian passports...we are stuck in Russia. We are fighting a war for a foreign State, unwillingly...FIRs are not being registered."

Chief Justice to Solicitor General Tushar Mehta, who was present in the Courtroom, "Please look into the matter...boys from Punjab, Haryana, Himachal...they say that there passports have been taken...now they are in Russian Army to fight Ukraine War...God knows what is there...what is truth or not."

Mehta responded, "We will see. This is serious."

The Plea was filed by AOR Sandeep Kumar Sen and drawn by Advocates Aayush and Ritwik Bhanot. It was submitted that the Petitioners were family members and close relatives of 26 Indian nationals who had travelled abroad between 2024 and 2025 on the basis of tourist visas, student visas, or other lawful travel documents, believing that they would pursue; legitimate employment or educational opportunities in the Russian Federation. However, subsequent events reveal that many of these individuals were induced or lured by recruitment agents operating within India who promised employment opportunities in sectors such as construction, hospitality, security services and other forms of labour.

It was stated, "Post their arrival in Russia, several of the affected individuals were placed in circumstances entirely beyond their control. It must be emphasised that their passports and identity documents were confiscated, their freedom of movement was curtailed, and they were subjected to threats and coercion. During certain instances, they were compelled to sign documents written in languages unfamiliar to them and were thereafter forcibly enlisted or admitted into military structures associated with the Russian Armed forces."

The Plea said, "The last communications received by their families, mostly between September and, October 2025, indicated that the Detainees were stationed in or near active conflict zones including Kupyansk, Selydove, Makiivka, Chelyabinsk and other regions associated with the Russia-Ukraine theatre of hostilities. In these communications, it is apparent that the affected individuals expressed fear for their safety and communicated to their families that their passports had been confiscated and that they were unable to leave the conflict areas where they had been stationed. In several cases, it must be highlighted that the families have completely lost contact with them, thereafter."

The Petitioners said that since the last communication received from the Detainees, they have made repeated representations to various authorities, including the Ministry of External Affairs, the Embassy of India in Moscow, the Ministry of Home Affairs, State Governments, local police authorities and other governmental bodies, seeking assistance in tracing, protecting and repatriating their relatives. Despite such repeated representations, the families continue to remain in the dark without any verified information regarding the safety, medical condition, detention status or whereabouts of the Detainees.

The Petition also raised serious issues concerning the operation of illegal recruitment networks within India that induce economically vulnerable citizens to travel abroad under false pretences and exposing them to grave risks, including forced participation in armed conflict. The Petitioners submitted that the failure of the State to effectively regulate and prevent such recruitment activities has resulted in grave violations of the fundamental rights guaranteed under Articles 14 and 21 of the Constitution.

"The Petitioners further submit that the failure to ensure consular access and effective diplomatic intervention is inconsistent with India's obligations under the Vienna Convention on Consular Relations, 1963, which guarantees the right of detained, foreign nationals to consular communication and assistance", the plea said.

The petition argued that the Union of India had a "parental" duty, known as the doctrine of parens patriae, to protect the life and liberty of its citizens even when they were outside the country. It claimed that the government’s failure to effectively regulate illegal recruitment networks and its inability to secure consular access for these citizens violated fundamental rights to life and dignity under Article 21 of the Indian Constitution. Furthermore, the petition noted that the lack of diplomatic intervention was inconsistent with India's obligations under the Vienna Convention on Consular Relations.

It was inter alia prayed, "Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondent No. 1 - Union of India through the Ministry of External Affairs to take immediate diplomatic and consular measures through the Embassy of India in the Russian Federation to: i. ascertain the whereabouts, legal status and safety of the detained Indian nationals named in the present Petition; ii. secure consular access to the said individuals in accordance with the Vienna Convention on Consular Relations, 1963 and applicable bilateral consular agreements; and iii. Take all necessary diplomatic steps to facilitate their protection, welfare, and safe repatriation to India, wherever permissible under international-law."

It also sought directions to Respondent No. 1 to ensure that the concerned Indian Mission in the Russian Federation conducts welfare verification visits of the detained Indian nationals; facilitates communication between the detainees and their families; and ensures that the detainees receive proper care, humanitarian treatment and legal assistance wherever required.

Cause Title: Divya and Ors. v. Union of India and Ors. [ Writ Petition (C) No. 451/2026]