Issues around Deportation

Relevance

• GS II: Governance, Polity (Rights of Citizens, Federalism)
• GS III: Internal Security (Border management, Migration)

Context

• Trigger: Post-April 2024 Pahalgam terror attack → Centre intensified crackdown on undocumented migrants, especially from Bangladesh.
• States Affected: Assam, West Bengal, Tripura, Mizoram, Rajasthan, Gujarat, Maharashtra.
• Reported Incidents: Indian citizens were mistakenly “pushed back” to Bangladesh; some later returned after proving nationality.
• Method: Use of BSF, state police; biometric data collection; transportation by rail/air to border areas for pushback.

Deportation vs Pushback – Key Differences

Key Legal Provisions Governing Foreigners in India

1. Foreigners Act, 1946 (Now repealed in 2025)
   • Allowed regulation, detention, and deportation of foreigners.
2. Passport (Entry into India) Act, 1920 (Now repealed)
   • Regulated entry of foreigners via valid passport.
3. Registration of Foreigners Act, 1939 (Now repealed)
   • Mandated foreign nationals to register with local authorities.
4. Immigration (Carriers’ Liability) Act, 2000
   • Penalized airlines/shipping companies for carrying undocumented persons.
5. Immigration and Foreigners Act, 2025 (New Law)
   • Consolidates & replaces outdated laws; centralizes immigration governance.
6. Immigrants (Expulsion from Assam) Act, 1950
   • Special provision to expel persons from Assam who are deemed a threat to public interest or Scheduled Tribes.
   • Empowers District Commissioners to declare individuals illegal immigrants.

Citizenship & Deportation – Who Decides?

• Citizenship and foreign affairs are Union List subjects.
• Deportation powers are delegated to State Police and District Magistrates by MHA.
• Verification: If nationality is disputed, the Foreigners Regional Registration Officer (FRRO) steps in.

Ground Realities – Border States

Assam:

• CM indicated plan to invoke 1950 Expulsion Act.
• Home to large undocumented population post-Partition and NRC issues.

West Bengal:

• Recent pushbacks of Indian citizens led to protests.
• CM raised concern about Bengali speakers being labelled “Bangladeshi”.

Mizoram/Manipur/Nagaland/Arunachal:

• Refugees from Myanmar (post-2021 coup) continue to live.
• MHA directed identification and deportation, but States lack power to grant refugee status as India is not a UN Refugee Convention signatory.

Tripura:

• Used as a staging point to push undocumented migrants to Bangladesh.

Special Border Regimes

Key Issues & Concerns

1. Violation of due process in pushbacks → risk of human rights abuse.
2. Misidentification of citizens → wrongful deportation (violates Article 21).
3. Lack of legal recourse and judicial oversight in pushbacks.
4. Centre-State conflict over handling refugees and illegal migrants.
5. India’s non-signatory status to UN Refugee Convention creates legal vacuum for refugee protection.
6. Pushbacks can violate international law norms, including non-refoulement.

Recommendations & Way Forward

1. Strengthen legal mechanisms for identifying and deporting foreigners.
2. Ensure due process & fair hearing for suspected undocumented migrants.
3. Use biometric verification & digital identity checks to prevent errors.
4. Adopt a refugee law to manage humanitarian cases (e.g., Myanmar refugees).
5. Enhance inter-state coordination on border security and human rights.
6. Maintain India’s global human rights image while securing borders.

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