Refugee, Deportation and Related Issues in India

• 02 Jul 2025

For Prelims: 1951 Refugee Conference, Foreigners Act of 1946, Citizenship Amendment Act, 2019 (CAA), Rohingya Refugee, United Nations High Commissioner for Refugees 

For Mains: Status of Refugees in India, Legislative Framework in India to Handle Refugees, Challenges Faced by Refugees in India 

Source: TH 

Why in News? 

India has intensified its action against illegal migrants, particularly along the eastern border, through measures such as deportation and pushbacks, in the wake of recent national security concerns and political developments in Bangladesh.  

• However, increasing cases of wrongful expulsions, including of Indian citizens, have raised serious concerns regarding citizenship verification, due process, and constitutional safeguards. 

What is Deportation and Pushbacks? 

Deportation 

• About: Deportation is the formal, legal process of removing a foreign national from Indian territory who is staying illegally or without valid documents. 
• Procedure: Detection → Detention → Legal proceedings → Identity verification → Repatriation via diplomatic channels. 
  • Governed by laws like the Foreigners Act, 1946, and the Immigration and Foreigners Act, 2025. 
• Involves: Ministry of Home Affairs (MHA), Foreigners Regional Registration Office (FRRO), and concerned embassy. 
• Safeguards: Involves judicial oversight, compliance with Article 21 (Right to Life) and international norms. 

Pushback 

• About: Pushback refers to the informal or extra-legal practice of forcibly returning suspected foreigners, especially near international borders, without due legal procedure. 
• Conducted by: Primarily Border Security Force (BSF), often at the point of interception. 
• Legal Status: Not codified in Indian law, lacks judicial oversight or nationality verification. 
• Concerns: 
  • Violation of due process, risk of mistaken identity, and breach of human rights norms (e.g., non-refoulement principle). 
  • Recent cases involve wrongful pushback of Indian citizens from Assam and West Bengal. 

What are the Key Legislations Regulating Immigration and Foreigners in India? 

• Immigration and Foreigners Act, 2025: It replaced four outdated laws like the Foreigners Act (1946), Passport (Entry into India) Act (1920), Registration of Foreigners Act (1939), and Immigration (Carriers’ Liability) Act (2000).  
  • It aims to modernize and streamline the entry, stay, and exit of foreigners with key provisions. 
  • Stricter Entry & Deportation Norms: Valid passport/travel document mandatory; visa required unless exempted. Entry can be denied on grounds like national security, sovereignty, public health, or foreign relations. Immigration Officers' decisions are final. 
  • Institutional Framework: Establishes Bureau of Immigration (BoI) as a statutory body for visa issuance, border control, and foreign registration. 
  • Mandatory Reporting: Foreigners must register; hotels, educational institutions, hospitals, and householders in notified areas must report foreign nationals. 
  • Movement Restrictions: Special permits required for Protected/Restricted/Prohibited areas (e.g., border zones, strategic sites). Foreigners cannot change names without permission; movement may be restricted by the government. 
  • Penalties: Up to 5 years’ imprisonment or Rs 5 lakh fine for unauthorized entry. 
• Immigrants (Expulsion from Assam) Act, 1950:  Enacted to manage the post-Partition influx from East Pakistan into Assam.  
  • Though applicable nationwide, it contains Assam-specific provisions allowing the Union Government to expel individuals or groups who were ordinarily residents outside India if deemed detrimental to public interest or Scheduled Tribes in Assam. 
  • Section 2 empowers authorities to order such persons to leave India or Assam within a specified time and route. 
• Foreigner Registration: Foreign nationals (including Persons of Indian Origin) with long-term visas (over 180 days) must register with the FRRO (Foreigners Regional Registration Officer). 
• Citizenship Act, 1955: Governs the acquisition, renunciation, and registration of citizenship, including provisions for Overseas Citizens of India (OCI). 

India’s Refugee Policy 

• India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol and has no dedicated domestic refugee law.  
  • India has refrained from signing the Convention due to its narrow and Eurocentric definition of refugees, which excludes economic migrants and does not align with South Asian realities.  
  • Additionally, India is concerned that binding obligations may compromise its sovereignty, impact domestic security, and limit its ability to follow an ad hoc, humanitarian approach to refugee protection. 
• Refugees from countries like Myanmar, Afghanistan, and Sri Lanka are governed under the Foreigners Act, 1946, without specific legal protections.  
• States cannot grant refugee status, reinforcing India's centralised, ad hoc approach, offering humanitarian assistance without legal recognition or rights. 

Special Provisions for Border Movement 

• Nepal: India-Nepal Treaty of Peace and Friendship (1950) allows free movement of citizens without visas. 
• Myanmar: Free Movement Regime (FMR) permits people within 10 km on either side of the border to cross without a visa. 
  • Post-2023 Manipur violence, MHA decided to fence the entire 1,643 km India-Myanmar border to curb illegal migration. 
• Bangladesh and Pakistan: Controlled movement governed by passport and visa; no FMR. 

What are the Key Issues Associated with Deportation and Pushbacks and Ways to Ensure a Fair and Legal Approach? 

Issues Associated with Deportation and Pushbacks 

• Denial of Due Process: Foreigners' Tribunals (FTs) often presume foreignness and place the burden of proof on the accused, who may lack means to establish their identity.  
  • Pushbacks, as an extralegal mechanism, deny the accused a fair hearing, resulting in decisions that violate natural justice. 
• Impact on Marginalized Groups: Tribals, migrant workers, and the poor, least likely to retain documentation are most affected. Citizenship becomes conditional on documents rather than birth or residence. 
  • Example: The Assam NRC excluded nearly 2 million people, affecting all communities and revealing that the exercise was not limited to excluding only foreign nationals. 
• Weak Safeguards & Judicial Oversight: Extra-legal mechanisms like pushbacks often bypass due process and reduce the scope of judicial scrutiny, raising concerns over accountability and constitutional checks and balances. 
• Misuse of Legal Interpretations: Authorities have cited outdated laws, such as the Assam Maintenance of Public Order Act, 1950, to justify deportations. 
  • Example: The authorities in Assam referenced a Supreme Court ruling to support deportation actions. However, deportations without due process violate the constitutional principles of fairness and justice, stripping individuals of rights like voting, residence, and return. 

Measures to Ensure a Fair and Legal Deportation & Pushbacks 

• Rule of Law: Ensure all deportation and pushback actions follow due legal process, with adherence to constitutional safeguards under Article 14 and 21, including proper identity verification, judicial review, and access to legal remedy. 
• Institutional Strengthening: Reform and standardize the functioning of Foreigners Tribunals (FTs) with trained members, procedural transparency, and regular audits to prevent wrongful classification and enhance accountability. 
• Humanitarian Approach: Balance national security with human rights by avoiding blanket presumptions and recognizing the socio-economic vulnerabilities of affected groups; adopt fair procedures, especially in border states like Assam and West Bengal. 
• Legal Clarity & Policy Framework: Clearly distinguish deportation (legal) from pushbacks (extra-legal); harmonize laws under the Immigration and Foreigners Act, 2025. 
  • India must adopt a dedicated policy on deportation and pushbacks to ensure transparency, accountability, and alignment with international obligations like non-refoulement. 

Conclusion 

While deportation and push backs are important tools for maintaining national security and regulating illegal migration, they must adhere to constitutional principles of fairness, due process, and natural justice. Strengthening legal safeguards, ensuring judicial oversight, and promoting a rights-based approach are essential to prevent wrongful exclusions. A balanced framework will uphold individual rights while protecting sovereignty and reinforcing India’s democratic and legal obligations. 

Drishti Mains Question:

Do India’s immigration laws provide adequate safeguards against wrongful deportation? Critically analyze in light of recent incidents involving Indian citizens. 

UPSC Civil Services Examination, Previous Year Question 

Prelims 

Q. Consider the following pairs: (2016)

S. No.	Community sometimes mentioned in the news	In the affairs of
1	Kurd	Bangladesh
2	Madhesi	Nepal
3	Rohingya	Myanmar

Which of the pairs given above is/are correctly matched? 

(a) 1 and 2 
(b) 2 only 
(c) 2 and 3 
(d) 3 only 

Ans: (c) 

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Mains 

Q. “Refugees should not be turned back to the country where they would face persecution or human right violation”. Examine the statement with reference to the ethical dimension being violated by the nation claiming to be democratic with open society. (2021)

Q. Rehabilitation of human settlements is one of the important environmental impacts which always attracts controversy while planning major projects. Discuss the measures suggested for mitigation of this impact while proposing major developmental projects. (2016)

Q. Discuss the changes in the trends of labour migration within and outside India in the last four decades. (2015)