Law panel for stern measures to curb entry of foreigners

By J. Venkatesan

NEW DELHI, SEPT. 15. The Law Commission of India, headed by Mr. Justice P.B. Jeevan Reddy, has recommended drastic measures for amending the Foreigners Act, 1946, to curb the menace of illegal entry into India by foreigners from neighbouring countries.

The Commission, in its 175th report submitted to the Government, said the problem of illegal migration and infiltration from neighbouring countries should be tackled seriously by providing a machinery for effective and speedy detection of illegal entrants.

The function of determining whether a person is an illegal entrant or not is proposed to be entrusted to the Immigration Officers whose orders shall be appealable, to be heard and decided by an Immigration Tribunal, presided over by a District Judge or an additional district judge, it, said.

The matters shall be decided by these functionaries according to the principles of natural justice. Besides, facilitation centres have been proposed to be provided for detaining the foreigners pending the determination of their status and pending their deportation.

The Commission has recommended that the offences under the Foreigners Act should be tried by the Immigration Court which would be a court of the district and sessions judge in each district.

It has also recommended the repeal of the Immigrants (Expulsion from Assam) Act, 1950, and the Illegal Immigrants (Determination by Tribunals) Act, 1983. It has suggested that the measures recommended need to be implemented expeditiously to curb the menace of illegal migration in India.

Earlier, in 1998, a bill to further amend the Foreigners Act was introduced by the Government in the Rajya Sabha. The Parliamentary Standing Committee on Home Affairs felt that the Government should undertake an in-depth study regarding the efficacy of the proposed amendments in checking infiltration of foreigners from across the borders.

The committee favoured a holistic approach in dealing with the acute problem of infiltration. Various suggestions made before it included the desirability of summary trial, setting up of special courts and making grant of bail more difficult.

The matter was then referred to the Law Commission for consideration which has now suggested stern measures for putting an end to the menace of unauthorised entry and infiltration in India. The Commission has enclosed a copy of the draft bill for the consideration of the Government.

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