Immigration Bill passed, Opposition flags ‘excessive’ power given to officials

Parliament has approved a Bill to regulate immigration, entry and stay of foreigners in India, with the Rajya Sabha giving its nod to the Bill on Wednesday.

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The Bill provides for mandatory reporting of information about foreigners by hotels, educational institutions, and hospitals and nursing homes to enable tracking of people overstaying their Visa permits.

Minister of State for Home Affairs Nityanand Rai said the Bill would reduce overlapping and increase collaboration between agencies.

“Data management and verification will also become easier with this Bill. The Home Ministry took three years to design this Bill after great thought and based on the needs of the country,” Rai said.

Meanwhile, several Opposition MPs voiced their opinion on sending the Bill to the standing committee as it delegates excessive power to lowly officials and lacks provisions for appeal, oversight and accountability.

Congress MP Abhishek Manu Singhvi called the Bill “product of a control-freak government”. “The Bill aims to send a message that all foreigners are criminals and ought to be viewed with suspicion by India, while the country act as an unwelcome fortress for its unwanted guests,” he stated.

He further said the Bill would not only empower the Central Government to refuse entry or deport any foreigner on the grounds of foreign relations, public health, national security, sovereignty and integrity of India, but also on such other grounds as the Centre may specify. “Theoretically, grounds can be added to deny entry or stay in India,” he added.

Singhvi said the Bill granted excessive delegation of power with immense breadth of discretion to officials. He said it provides for expansion of grounds for detention without requiring legislation by Parliament. He also questioned the lack of provisions to appeal decisions made by the authorities under the proposed Bill.

The Congress MP went on to say that the Bill in its current form would definitely lead to its judicial invalidation due to the ‘lack of constitutionality’ within a few years.

Samajwadi Party MP Jaya Bachchan suggested that the Bill needed to be discussed in a standing committee. MDMK MP Vaiko questioned the power given to a head constable to search and examine documents and immigration officers to arrest individuals without warrant, in case of suspected violation.

Rai accused the previous Congress government and the TMC in West Bengal for “aiding” illegal immigrants in entering the country and “facilitating” their stay by including their names in voters’ list and ration cards.

He said people, who come to India for education and aiding research and development work, were welcome in the country. “But those who enter India with an intent to conspire against the country should be scared,” he added.

Rai said that the Immigration Bureau, which was questioned by other MPs, was already in existence.