• 9964432222
  • Mail Us
  • Appointment
  • Locate Us
  • Chat Now
  • Courses
  • Login
  • Register
Manifest IAS
JournalsOfIndia
Advertisement
  • Home
  • Economy
  • Foreign Affairs
  • Science & Tech
  • Environment
  • Law & Policy
  • History
No Result
View All Result
  • Home
  • Economy
  • Foreign Affairs
  • Science & Tech
  • Environment
  • Law & Policy
  • History
No Result
View All Result
  • 9964432222
  • Mail Us
  • Appointment
  • Locate Us
  • Chat Now
  • Courses
JournalsOfIndia
No Result
View All Result
Home Law & Policy

Legal Framework for Illegal Migrants in India

August 13, 2020
in Law & Policy
Reading Time: 2min read
0
0
SHARES
68
VIEWS
Share on TelegramShare on Facebook

According to Indian law, illegal immigrants are not refugees. Since India is not a signatory to the 1951 Refugee Convention, the United Nations principle of non-refoulement and impediment to expulsion does not apply in India. Illegal immigrants can be denied impediment to expulsion if they do not fall within the host country’s legal definition of a lawful refugee.

There is no national law on refugees at present. Only Standard Operating Procedures are issued by the Ministry of Home Affairs to deal with foreign nationals in India, who claim to be refugees.

Foreigner’s Act 1946

  • It confers wide powers to deal with all foreigners. Apart from defining a foreigner as a person who is not a citizen of India, it empowered the government to make provisions for prohibiting, regulating or restricting the entry of foreigners into India.
  • It also restricted the rights enjoyed by foreigners in terms of their stay in the country if any such orders are passed by the authority. The Act empowered the government to take such steps as are necessary, including the use of force for securing compliance with such directions.
  • The most important provision of the 1946 law, which is still applicable in all States and UTs, was that the burden of proof lies with the person, and not with the authorities. This has been upheld by a Constitution Bench of the Supreme Court.

Foreigner Tribunals Order

  • The tribunal has the authority to decide whether a person is a foreigner within the ambit of the Foreigners Act, 1946. The tribunal, which has powers similar to those of a civil court, gives reasonable opportunity to the person alleged to be a foreigner to produce evidence in support of his case, before passing its order.
  • District magistrates in all States and UTs can set up tribunals to decide whether a person staying illegally in India is a foreigner or not

 

Tags: Prelims

Related Posts

Iron ore policy 2021

Iron ore policy 2021

January 18, 2021
World’s largest Vaccination programme

World’s largest Vaccination programme

January 16, 2021
e-Gram Swaraj

e-Gram Swaraj

January 16, 2021
GARV

GARV

January 16, 2021
Swamitva Scheme

Swamitva Scheme

January 16, 2021
eChoupal

eChoupal

January 16, 2021
Mother and Child Tracking system (MCTS)

Mother and Child Tracking system (MCTS)

January 16, 2021
e-Vin

e-Vin

January 16, 2021
e-Sanjeevani

e-Sanjeevani

January 16, 2021
Food Corporation of India

Food Corporation of India

January 16, 2021
Please login to join discussion

Browse by Category

  • Agriculture
  • Disaster Management
  • Economy
  • Environment
  • Ethics
  • Foreign Affairs
  • Geography
  • Governance
  • History
  • Law & Policy
  • Opinion
  • People in News
  • Places in News
  • Science & Tech
  • Security
  • Society

Browse by Tags

AIR Big Picture GS-1 GS-2 GS-3 GS-4 Kurukshetra Mains News Paper PIB Prelims RSTV Yojana
JournalsOfIndia

Our vision is to orient the readers to grasp the facts objectively and analyse critically. In the rush of reaching first to the readers, the websites miss the balanced opinion, which is the need of the hour. We aim to reach the readers with more crispness, preciseness and relevance. We bring the articles in UPSC way for the civil services aspirants and the Wisest Way for general readers.

Categories

  • Agriculture
  • Disaster Management
  • Economy
  • Environment
  • Ethics
  • Foreign Affairs
  • Geography
  • Governance
  • History
  • Law & Policy
  • Opinion
  • People in News
  • Places in News
  • Science & Tech
  • Security
  • Society

Browse by Tag

AIR Big Picture GS-1 GS-2 GS-3 GS-4 Kurukshetra Mains News Paper PIB Prelims RSTV Yojana

Newsletter

The most important UPSC news and events of the day.

Get Journals daily newsletter on your inbox.

© 2020 JournalsOfIndia - A free initiative by Manifest Team.

  • Login
  • Sign Up
  • Home
  • Prelims Snippets
  • Mains Articles
  • Economy
  • Society
  • Foreign Affairs
  • Science & Tech
  • Environment
  • Agriculture
  • History
  • Law & Policy
  • Security
  • Course Portal
  • Prelims Test Portal
No Result
View All Result

© 2020 JournalsOfIndia - A free initiative by Manifest Team.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In