Points round Deportation – Believers IAS Academy

Relevance

• GS II: Governance, Polity (Rights of Residents, Federalism)
• GS III: Inner Safety (Border administration, Migration)

Context

• Set off: Put up-April 2024 Pahalgam terror assault → Centre intensified crackdown on undocumented migrants, particularly from Bangladesh.
• States Affected: Assam, West Bengal, Tripura, Mizoram, Rajasthan, Gujarat, Maharashtra.
• Reported Incidents: Indian residents had been mistakenly “pushed again” to Bangladesh; some later returned after proving nationality.
• Technique: Use of BSF, state police; biometric information assortment; transportation by rail/air to frame areas for pushback.

Deportation vs Pushback – Key Variations

Key Authorized 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 Foreigners Act, 1946 (Now repealed in 2025)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 Passport (Entry into India) Act, 1920 (Now repealed)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 by way of legitimate passport.
3. Registration of Foreigners Act, 1939 (Now repealed)
   • Mandated overseas nationals to register with native authorities.
4. Immigration (Carriers’ Legal responsibility) Act, 2000
   • Penalized airways/delivery corporations for carrying undocumented individuals.
5. Immigration and Foreigners Act, 2025 (New Legislation)
   • Consolidates & replaces outdated legal guidelines; centralizes immigration governance.
6. Immigrants (Expulsion from Assam) Act, 1950
   • Particular provision to expel individuals from Assam who’re deemed a menace to public curiosity or Scheduled Tribes.
   • Empowers District Commissioners to declare people unlawful immigrants.

Citizenship & Deportation – Who Decides?

• Citizenship and overseas affairs are Union Record topics.
• 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.

Floor Realities – Border States

Assam:

• CM indicated plan to invoke 1950 Expulsion Act.
• House to massive undocumented inhabitants post-Partition and NRC points.

West Bengal:

• Current pushbacks of Indian residents led to protests.
• CM raised concern about Bengali audio system being labelled “Bangladeshi”.

Mizoram/Manipur/Nagaland/Arunachal:

• Refugees from Myanmar (post-2021 coup) proceed to dwell.
• MHA directed identification and deportation, however States lack energy to grant refugee standing as India just isn’t a UN Refugee Conference signatory.

Tripura:

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

Particular Border Regimes

Key Points & Considerations

1. Violation of due course of in pushbacks → danger of human rights abuse.
2. Misidentification of residents → wrongful deportation (violates Article 21).
3. Lack of authorized recourse and judicial oversight in pushbacks.
4. Centre-State battle over dealing with refugees and unlawful migrants.
5. India’s non-signatory standing to UN Refugee Conference creates authorized vacuum for refugee safety.
6. Pushbacks can violate worldwide regulation norms, together with non-refoulement.

Suggestions & Method Ahead

1. Strengthen authorized mechanisms for figuring out and deporting foreigners.
2. Guarantee due course of & truthful listening to for suspected undocumented migrants.
3. Use biometric verification & digital id checks to stop errors.
4. Undertake a refugee regulation to handle humanitarian circumstances (e.g., Myanmar refugees).
5. Improve inter-state coordination on border safety and human rights.
6. Preserve India’s international human rights picture whereas securing borders.