Deportation Issues

GS2 – International Relations

Context

• In the aftermath of the 2024 Pahalgam terror attack, India intensified actions against undocumented migrants. This included both legal deportations and extra-legal pushbacks, raising legal and ethical concerns.

Deportation vs. Pushback

• Deportation: A formal process involving judicial oversight, identity verification, and legal trials.
• Pushback: Extra-legal, often undertaken by border forces without due process, risking wrongful expulsion—including that of Indian citizens.

Jurisdiction & Responsibility

• Citizenship and Foreign Affairs: Governed by the Union List.
• Deportation Authority: Lies with the Ministry of Home Affairs, though implementation is delegated to District Magistrates or police officials.
• Disputed Citizenship Cases: Referred to Foreigners Regional Registration Officers (FRROs).

Legal Framework

• Foreigners Act, 1946: Now replaced by the Immigration and Foreigners Act, 2025, consolidating prior laws.
• Immigration (Carriers Liability) Act, 2000: Holds transporters accountable for ferrying undocumented persons.
• Immigrants (Expulsion from Assam) Act, 1950: Allows for expulsion if migrant presence is against public or tribal interests.

Key Challenges

• Bypassing Due Process: Pushbacks ignore judicial procedures, violating rule of law.
• Risk of Wrongful Deportation: Especially affects linguistic minorities in border states like West Bengal and Assam.
• Lack of Refugee Law: India is not a signatory to the 1951 UN Refugee Convention and lacks a domestic refugee policy.
• Centre-State Frictions: Operational and ethical issues arise when states execute centrally-mandated deportation measures.
• Violation of International Norms: Pushbacks may contravene the non-refoulement principle, which prohibits sending people back to danger zones.
• Weak Identification Systems: Inadequate biometric databases and documentation increase chances of misidentification.

Way Forward

• Enact strong legal frameworks for the detention and deportation process.
• Use biometric identification to prevent wrongful deportation.
• Frame a comprehensive national refugee law.
• Improve Centre–State coordination in migration and border management.
• Ensure national security policies are aligned with human rights obligations.