Illegal immigrants
Foreign nationals who enter into the country without valid travel documents are treated as illegal immigrants. India, as a matter of policy, does not support any kind of illegal migration.
In view of reports about illegal influx of Myanmar nationals into Indian Territory due to internal situation in Myanmar, Central Government has issued advisory to the State Governments of Manipur, Mizoram, Arunachal Pradesh and Nagaland on 10.03.2021 to take appropriate action as per law to check the illegal influx from Myanmar into India.
Detention and deportation
Detention and deportation of illegal migrants after nationality verification is a continuous process. The powers of the Central Government under Section 3 of The Foreigners Act, 1946 to deport illegal foreign nationals and powers under Section 5 of The Passport (Entry into India) Act, 1920 to remove an illegal foreigner by force have been entrusted under Article 258(1) of the Constitution of India to all the State Governments. Further, under Article 239(1) of the Constitution of India, Administrators of all Union Territories have also been directed to discharge the functions of the Central Government relating to the aforesaid powers. Central Government has issued instructions from time to time to all States & UTs regarding identification of illegal migrants and their deportation from India. Consolidated instructions regarding issues of overstay and illegal migration of foreign nationals have also been issued on 30.03.2021.
The State Governments / UT Administrations have been taking action against illegal immigrants under the relevant provisions of The Passport (Entry into India) Act, 1920 and The Foreigners Act, 1946.
Constitutional provision
As per the Constitutional scheme, India, as a sovereign nation, has the first and foremost constitutional duty and obligation towards its citizens to ensure that demographic and social structure of the country is not changed to their detriment due to influx of illegal immigrants into the territory of India and resources of the nation are utilised to fulfil the fundamental rights of Indian citizens.
Issues Related to Rohingya Muslims
Illegal migrants (including Rohingyas) pose a threat to national security. There are reports about some Rohingya migrants indulging in illegal activities.
India signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 14 October 1997. However, India has not ratified the Convention. India acceded to the International Covenant on Civil and Political Rights (ICCPR) on 10.04.1979.
India has not ratified the UNCAT and therefore, the question of refoulement of Rohingya Muslims does not arise. As per provisions of Article 13 of ICCPR and the Declarations made by India at the time of its accession, even a lawful alien may be expelled in accordance with the applicable laws.
Detention and deportation of illegal migrants after nationality verification is a continuous process. The powers of the Central Government under Section 3 of The Foreigners Act, 1946 to deport illegal foreign nationals and powers under Section 5 of The Passport (Entry into India) Act, 1920 to remove an illegal foreigner by force have also been entrusted under Article 258(1) of the Constitution of India to all the State Governments. Further, under Article 239(1) of the Constitution of India, Administrators of all Union Territories have also been directed to discharge the functions of the Central Government relating to the aforesaid powers.
Note: Minister of State for Home Affairs, Shri Nityanand Rai in a written reply to question in the Lok Sabha today.