Union Minister of State for Home Affairs Nityanand Rai
speaks in the Rajya Sabha during the Budget session of Parliament, in New
Delhi, Wednesday, April 2, 2025. (Sansad TV via PTI Photo)
NEW DELHI — Parliament approved a bill to regulate immigration, entry and stay
of foreigners in India, with the Rajya Sabha giving its nod on Wednesday.
The Immigration and Foreigners Bill, 2025 was passed in
Lok Sabha on March 27, 2025. The Rajya Sabha passed the Bill by voice vote on
Wednesday after various amendments moved by Opposition members were negated.
Replying to the discussion on the Bill, Minister of State
for Home Affairs Nityanand Rai attacked the previous Congress government and
the TMC dispensation in West Bengal for "aiding" illegal immigrants
enter the country and "facilitating" their stay by including their
names in voters' list and ration cards.
This was strongly objected to by the Congress and TMC
members, who along with other opposition parties' MPs, staged a walkout from
the Upper House.
One of the key provisions in the Bill is that anyone
found to be using a forged passport or visa for entering India or staying in or
exiting from the country will be punishable with a jail term of up to seven
years and a fine which could extend to Rs 10 lakh.
The Bill also seeks to ensure a close monitoring of
everyone who visits India. The proposed legislation also provides for mandatory
reporting of information about foreigners by hotels, universities, other
educational institutions, hospitals and nursing homes to enable tracking of
overstaying foreigners.
During the discussion, Rai said, "As many as 26
members expressed their views on the Bill. It was necessary to bring this Bill
to make our universities, education system and economy world class level."
About the suggestion on referring the Bill to the
standing committee, he stated that this Bill was brought after deep study of
three years.
Rai stated that the Immigration Bureau is already in existence
which was questioned by members. The bureau will be the only agency to deal
with issues related to immigration and this is the system which is being
followed worldwide, he said.
The minister said that all those people are welcomed in
the country who come here for education, research and development work.
He also stressed that there is a need to deal with all
those foreign nationals who are indulged in anti-national activities.
Rai said that the Bill provides for mandatory reporting
of information about the admission in hospitals or their place of residence.
"We want people to visit this country and see the
development works done by Modi ji and tell that to their countrymen. This Bill
also addressed the smooth immigration of diaspora," he said.
He also clarified that there is no provision of appeal
against the order of an immigration officer and few countries have this
provision only after the immigrant returns to his country.
The minister said that the Bill was necessary to simplify
the legal framework.
On allegations by some members about infiltration in
India, he stressed that there have been efforts to curb that as BSF deployment
was increased.
Besides, there has been extensive use of technology to
curb infiltration, he said.
He alleged that the TMC government has not provided land
to the Centre for fencing the international border, and said that infiltration
is only happening in those border states where the BJP is not in power.
The minister also alleged that in some states the BSF has
been disturbed so that it could not function freely to deal with infiltration.
According to the Bill, "whoever knowingly uses or
supplies a forged or fraudulently obtained passport or other travel document or
visa for entering into India or staying in or exiting from India, shall be
punishable with an imprisonment for a term which shall not be less than two
years, but may extend to seven years and shall also be liable to fine which
shall not be less than one lakh rupees, but may extend to 10 lakh rupees."
It also says that any foreigner who enters any area in
India without a valid passport or other travel document, including a visa, in
contravention of provisions of the law or of any rule or order given in
pursuance thereof, shall be punishable with an imprisonment for a term which
may extend to five years or with fine which may extend up to Rs 5 lakh or with
both.
The legislation empowers the central government to exert
control over places that are "frequented by any foreigner" and
require the owner to close the premises, permit its use under specified
conditions, or refuse admission to all or a "specified class" of
foreigners.
Matters relating to foreigners and immigration are
presently administered through four legislations: the Passport (Entry into
India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act,
1946; and the Immigration (Carriers' Liability) Act, 2000. The new Bill repeals
these laws.
While the Immigration and Foreigners Bill, 2025 consists
of several existing provisions in the four Acts proposed to be repealed after
simplification and harmonisation, it also has certain new provisions to meet
the present-day requirements.
