GS3 – Internal Security
Context
The Union Home Ministry (MHA) has granted Foreigners Tribunals (FTs) nationwide powers equivalent to a First-Class Judicial Magistrate, strengthening mechanisms to address illegal migration and citizenship disputes.
Key Highlights
- Immigration and Foreigners Order, 2025 issued under the Immigration and Foreigners Act, 2025.
- FTs empowered to:
- Issue arrest warrants for individuals contesting nationality but failing to appear.
- Send individuals unable to prove citizenship to detention/holding centres.
- Mandatory biometric collection of illegal migrants by Border Guarding Forces and Coast Guard.
- Restricts employment of foreigners in sensitive sectors: power, petroleum, defence, space, nuclear energy, human rights.
- Provides for refusal of entry/stay for foreigners convicted of anti-national activities, terrorism, trafficking, cybercrime.
- Exemptions: Citizens of Nepal, Bhutan, Tibetans, and Sri Lankan Tamils are not covered under the Act.
Historical & Legal Background
- Replaces the Foreigners (Tribunal) Order, 1964.
- Assam experience:
- 100 operational FTs currently.
- After the Supreme Court scrapped the Illegal Migrants (Determination by Tribunals) Act, 1983 in 2005, 11 IMDTs were converted into FTs.
- NRC, Assam (2019): Excluded 19 lakh out of 3.29 crore applicants, with FTs mandated to provide them a hearing.
Major aspects
- Expands FT jurisdiction from Assam to all states and Union Territories.
- Strengthens the state’s capacity to deal with illegal migration and internal security threats.
- Raises concerns over due process, human rights, and burden of proof (onus lies on individuals to prove citizenship).
- Could impact vulnerable groups lacking documentation, including women, children, and marginalized communities.
Implications
- Security: Helps curb illegal migration and restrict infiltration into sensitive sectors.
- Governance: Strengthens institutional framework for citizenship determination.
- Social Concerns: May trigger humanitarian issues if individuals are wrongfully detained or denied rights.