Context:
The introduction of the Immigration and Foreigners Bill in the Lok Sabha aims to streamline and strengthen existing immigration laws by consolidating four important pieces of legislations and imposing stricter punishments on violations.
Purpose and Scope of the Bill
- The Bill merges and updates the following laws
- Foreigners Act
- Passport (Entry into India) Act
- Registration of Foreigners Act
- Immigration (Carriers’ Liability) Act
It makes stricter compliance measures for foreigners entering, staying, and exiting India.
Why is Immigration a Problem in India?
Immigration, both internal and international, poses a range of challenges to India, including issues with resource allocation, social stability, and law enforcement, as well as concerns about illegal migration and the exploitation of migrant workers.
Key Provisions
Burden of Proof on Foreigners
- Section 16 states that burden of proof of nationality lies on the individual, while similar laws exist for:
- Prevention of Money Laundering Act (proving assets are untainted)
- Prevention of Corruption Act (proving income legality)
- Customs Act (legal acquisition of goods)
Stronger Registration Requirements
- Presently, foreign tourists need to register with the local FRRO by filling up C form (details of passport, visa, and disembarkation).
- New provision: Hosts, including private homeowners, must also report guest details to the FRRO, probably through an online system.
- New reporting requirements shall now be imposed upon educational institutions, hospitals, and medical centers admitting foreigners.
Carrier Responsibility for Deportation
- Transport carriers (airlines, ships, etc.) should ensure compliance by the foreigners with the Indian immigration laws.
- In case a foreigner is detected violating immigration laws, the carrier must deport the individual at its own cost.
Implications of the Bill
- Heightened monitoring of foreign visitors for enhancing national security.
- Clearly fixing accountability for hosts, institutions, and carriers.
- Stricter punishment for illegal immigration and overstaying.
The Bill promises strengthening of immigration framework in India whilst assuring better enforcements and compliance expediencies. Once passed, the proposed Bill will impose greater accountability, both on foreigners and their hosts.
Source: TOI
