Illegal Immigrants –
- PIL Seeking directions to Center and State Governments Regarding Deportation of Illegal Migrants was filed in the Supreme Court- Opposed by Jharkhand Government.
- In his PIL, Petitioner sought direction to State and Centre to identify, detain and deport all the illegal immigrants, including Bangladeshis and Rohingyas.
- Also sought to amend the laws concerned with Citizenship in a way that makes illegal immigration and infiltration a Cognizable, Non-Bailable and Non-Compoundable offence.
- In its reply, Jharkhand Government submitted that it has already set up detention centers, deportation centers and camps to check the movement of illegal immigrants or foreign nationals.
- Legal Provisions-
Important Acts here are –
- Citizenship Act of 1955 – acquisition and termination of citizenship
- NRC (National Register for Citizenship) read with the Citizenship Amendment Act, 2019
- Foreigners Act, 1946
- Passport (Entry into India) Act, 1920.
Citizenship Act of 1955
- Talks about Acquisition and Termination of Citizenship
- can be acquired by birth, descent, marriage, acquisition of foreign territory by India and naturalization.
- To acquire Citizenship by Naturalization-
- the person should have renounced the previous citizenship and must have stayed in India for twelve.
- The Person should Not be an Illegal Migrant.
- “Illegal migrant” means a foreigner who has entered into India-
- (i) without a valid passport or other travel documents as allowed by Government or
- (ii) with a valid passport or other travel documents but remains therein beyond the permitted period of time.
Foreigners Act, 1946
- Regulates the Entry into and Exit of foreigners into India.
- This Act purports to confer upon the Central Government, the powers to make orders regarding all foreigners or regarding any particular foreign or a class of foreigners
- Any national who remains in any area in India for a period exceeding the period for which the visa was issued to him or her can be proceeded against under section 14 of the foreigners act 1946
- Foreigner who enters into or stays in any area India without a valid document required for such entry or for such stay, As the case may be, can be proceeded against section 14 A(b) of foreigners at 1946
- National Register of Citizens, 1951 is a register prepared after the conduct of the Census of 1951 in respect of each village to assign a serial number and indicate against each house or holding the number and names of persons staying therein.
- The NRC was published only once in 1951.
- Its purpose is to document all the legal citizens of India so that the illegal immigrants can be identified and deported.
- mandated by the 2003 amendment of the Citizenship Act, 1955.
- In 2014, India’s Supreme Court ordered the update of the 1951 NRC
- The government has announced recently that the NRC is to be implemented nationwide, but it has not yet been implemented.
Passport (Entry into India) Act, 1920.
- Puts forth that no foreigner can enter into India without a passport.
- The police authorities can Exercise the power to arrest a foreign national living illegally in India in terms of Section 4 of passport act 1920