REFUGEES AND ILLEGAL IMMIGRANTS
-
As per a July 2024 report by the National Human Rights Commission, India is home to at least 2,09,028 refugees from countries such as Sri Lanka, Tibet, Myanmar, and Afghanistan. Despite this, the Citizenship Act of 1955 only provides a definition for an “illegal immigrant” and does not define the term “refugee.”
-
Internationally, the 1951 United Nations Convention on the Status of Refugees describes a refugee as someone who has been compelled to leave their country of origin and cannot or will not return because of a “well-founded fear of persecution” based on race, religion, nationality, membership of a specific social group, or political opinion.
-
This UN Convention also outlines the responsibilities of states to safeguard refugees and provide them with certain minimum standards of treatment. While 149 UN member countries have signed and ratified the treaty, India is among the 44 nations that have not.
-
In the absence of a dedicated refugee law, India does not formally recognise refugees as a distinct category, treating them the same as other foreign nationals who enter its territory
-
Under the Citizenship Act of 1955, an illegal immigrant is defined as a foreign national who either enters India without valid travel papers or remains in the country after the permitted period has expired. Such individuals are barred from seeking Indian citizenship.
-
The Citizenship (Amendment) Act, 2019, made an exception for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan, stating that those who entered India on or before December 31, 2014, would not be considered illegal migrants.
-
Based on this legal framework, Rohingya people fall under the category of illegal migrants and are therefore ineligible to apply for Indian citizenship
As per the Immigration and Foreigners Act, 2025:
-
Every foreign national must have valid travel papers—such as a passport and visa—to enter and reside in India.
-
Entering Indian territory without the necessary documents can lead to imprisonment for up to five years or a monetary penalty of up to ₹5 lakh.
-
Foreign nationals who enter lawfully but overstay after their travel documents expire may face a jail term of up to three years or a fine of up to ₹3 lakh.
|
Who are the Rohingyas?
|
- World Refugee Day, designated by the United Nations, is an international occasion dedicated to recognising the courage, resilience, and determination of refugees across the globe, while also highlighting the need to safeguard their rights. The first worldwide observance took place on 20 June 2001, commemorating the 50th anniversary of the 1951 Refugee Convention.
- Originally celebrated as Africa Refugee Day, it was renamed after the UN General Assembly, in December 2000, proclaimed it as an international day. The theme for World Refugee Day was “Solidarity with Refugees,” urging people to go beyond expressions of support and take concrete steps to assist them
The challenge to Section 6A raises several significant constitutional issues, which will be explored by the five-judge bench of the Supreme Court. These issues touch upon various fundamental rights and principles enshrined in the Indian Constitution.
- Whether Section 6A, by establishing a different cut-off date for Assam than stipulated in Article 6 of the Constitution, violates Articles 10 and 11, which deal with the right to move freely and reside in any part of India.
- This raises questions about whether this deviation requires a formal "variation" of Article 6 itself, or if it can be justified under existing legal provisions.
- Does Section 6A dilute the political rights of the Assamese people by potentially altering the demographic balance through the naturalization of migrants? This involves interpreting Articles 325 and 326, which guarantee the right to vote and reservation of seats for Scheduled Castes and Scheduled Tribes, respectively.
- Does Section 6A violate the fundamental right of indigenous communities to conserve their culture, as enshrined in Article 29(1)? This brings up the scope of this fundamental right and its application in the context of a changing demographic landscape.
- Does an influx of illegal immigration constitute "external aggression" or "internal disturbance" as defined in Article 355, which empowers the Union to protect states from such threats? This question delves into the interpretation of Article 355 and its relevance to the Assam situation.
- Does Section 6A unfairly single out Assam by applying a different cut-off date than other border states, thereby violating the right to equality under Article 14? This necessitates evaluating the justification for such a distinction and its potential discriminatory effects.
- Does the influx of immigrants, as facilitated by Section 6A, adversely affect the lives and personal liberty of Assamese citizens under Article 21? This examines the potential negative impact of immigration on various aspects of life and liberty in the state.
- In granting relief under Article 32, should the court consider the delay in challenging Section 6A? This involves weighing the principle of timely justice against the complexity of the legal issues and potential consequences of delayed action.
- After decades of migrant presence and naturalization, can any meaningful relief be granted without causing undue prejudice to individuals already integrated into society This raises questions about balancing legal principles with the realities of human lives and the potential for disruption caused by retroactive changes.
- Does Section 6A violate the basic premise of the Citizenship Act by potentially allowing individuals to retain their citizenship in Bangladesh while becoming Indian citizens? This relates to the interpretation of Section 5 of the Act and its requirement for full renunciation of foreign citizenship.
- Does Section 6A contravene the provisions of Section 5 by granting citizenship without requiring an oath of allegiance or ensuring reciprocity from Bangladesh? This involves evaluating the legal basis for these requirements and their potential application in the case of Section 6A.
- Does the specific nature of the Immigrants (Expulsion from Assam) Act exclude the General Foreigners Act and its associated tribunals from dealing with migrant issues in Assam? This question focuses on the legal framework applicable to immigration within the state and its consistency with national laws.
- Does Section 6A undermine the rule of law by prioritizing political considerations over legal principles? This raises concerns about the potential for political pressure to influence lawmaking and its impact on the balance of legal authority.
- Does Section 6A violate Article 14 by failing to establish a clear and transparent mechanism for determining individuals' eligibility for citizenship based on their residency in Assam? This centres on the potential for arbitrary decision-making and its impact on the fundamental right to equality.
|
For Prelims: Current events of national and international importance. For Mains: General Studies II- Polity |
|
Previous Year Questions 1. With reference to the Delimitation Commission, consider the following statements: (UPSC 2012)
1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.
Which of the statements given above is/are correct?
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
2. Barak Valley in Assam is famous for which among the following? (MSTET 2019)
A. Bamboo Industry
B. Petroleum Production
C. Cottage Industries
D. Tea Cultivation
3. Which one of the following is an important crop of the Barak Valley? (Karnataka Civil Police Constable 2019)
A. Sugarcane B. Jute C. Tea D. Cotton
4. Under Assam Accord of 1985, foreigners who had entered Assam before March 25, _____ were to be given citizenship. (DSSSB JE & Section Officer 2022)
A. 1954 B. 1971 C. 1981 D. 1966
Answers: 1-C, 2-D, 3-B, 4-B
|
