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.

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