Proposed immigration legislation threatens seven-year imprisonment for individuals using fabricated documents
In a significant move towards enhancing national security and streamlining the immigration process, the Union Home Ministry has introduced the Immigration and Foreigners Bill in the Lok Sabha. The new Bill aims to replace four outdated laws and modernize India's immigration policies, bringing them in line with international standards.
Key provisions of the Bill include mandatory registration of all foreigners crossing Indian borders, creation of a centralized immigration authority, and stringent penalties for illegal entry or overstays. The Bill also mandates hotel, hospital, and university establishments to provide online details of foreign visitors, enabling real-time government tracking and identification of those involved in illegal activities.
The Bill establishes a National Immigration Authority responsible for centralized management and oversight of immigration affairs. This new authority will replace four outdated colonial-era laws: Passport (Entry into India) Act, 1920; Registration of Foreigners Act, 1939; Foreigners Act, 1946; and Immigration (Carriers' Liability) Act, 2000.
The Bill introduces biometric verification and digital tracking of foreigners through the Integrated Immigration Management System (IIMS), with mandatory online registration for stays beyond 180 days. This will support better monitoring of foreign populations in India.
To address illegal migration, the Bill institutes strict controls, monitoring mechanisms, and penalties. Anyone found using a forged or fraudulently obtained passport or visa for entering, staying in, or exiting India could face imprisonment ranging from 2 to 7 years, along with a fine between Rs 1 lakh and Rs 10 lakh. International airlines and shipping companies will also be required to submit advance passenger and crew information upon arrival in India.
The Bill introduces new visa categories such as Business Visa Plus and Digital Nomad Visa to regulate diverse foreign visitors better. It also empowers the Centre to regulate areas frequented by foreigners and issues special permits for travel in designated protected areas.
The government's aim is to simplify laws, improve ease of doing business, and bolster national security without affecting tourism or economic growth. The Bill does not repeat any previously mentioned penalties for using forged travel documents or failing to have a valid passport or travel document. The registration requirement for long-term visa holders will continue to be enforced.
The Bill does not mandate the reporting of foreign nationals by hotels, universities, hospitals, and other institutions, nor does it require international airlines and shipping companies to submit advance passenger and crew information upon arrival in India, as these requirements are already part of the Bill's provisions.
The new Immigration and Foreigners Bill seeks to address illegal migration by instituting strict controls, monitoring mechanisms, and penalties, while streamlining and modernizing the legal framework to better manage foreign nationals entering, residing, and leaving India. It aligns India’s immigration regime with global standards and enhances national security through technology-enabled oversight combined with centralized administrative authority.
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