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Illegal Immigration To India
An illegal immigrant in India is a foreigner who has entered India either without valid documents or who initially had a valid document, but has overstayed beyond the permitted time, as per the general provisions of the Citizenship Act as amended in 2003. Such persons are not eligible for citizenship by registration or naturalisation. They are also liable to be imprisoned for 2–8 years and fined. An exception was made in 2015 for minority communities of Bangladesh, Pakistan and Afghanistan who were compelled to seek shelter in India due to religious persecution or fear of religious persecution. They are not classified as illegal migrants and remain eligible for citizenship. The Indian Census of 2001 gives information about migrants, but not exclusively illegal immigrants. As per the 2001 Census, Bangladeshis form the largest group of migrants in India, followed by Pakistanis. Legal framework Indian citizens and National Register of Citizen's Indian nationality law is g ...
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India
India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since 2023; and, since its independence in 1947, the world's most populous democracy. Bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast, it shares land borders with Pakistan to the west; China, Nepal, and Bhutan to the north; and Bangladesh and Myanmar to the east. In the Indian Ocean, India is near Sri Lanka and the Maldives; its Andaman and Nicobar Islands share a maritime border with Thailand, Myanmar, and Indonesia. Modern humans arrived on the Indian subcontinent from Africa no later than 55,000 years ago., "Y-Chromosome and Mt-DNA data support the colonization of South Asia by modern humans originating in Africa. ... Coalescence dates for most non-European populations averag ...
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Onus
Onus, from Latin, indicates accountability/responsibility Onus may also refer to: * Blame * Burden (other) * Legal burden of proof In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts ... (''onus probandi'') As a surname * Bill Onus (1906-68), Australian Aboriginal political activist, boomerang thrower * Lin Onus (1948-96) Australian Aboriginal artist {{disambig ...
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Illegal Migrants (Determination By Tribunal) Act, 1983
The Illegal Migrants (Determination by Tribunals) (IMDT) Act was an Act of the Parliament of India enacted in 1983 by the Indira Gandhi government. It was struck down by the Supreme Court of India in 2005 in ''Sarbananda Sonowal v. Union of India''. The IMDT Act described the procedures to detect illegal immigrants (from Bangladesh) and expel them from Assam. The Act was pushed through mainly on the grounds that it provided special protections against undue harassment to the "minorities" affected by the Assam Agitation. It was applicable to the state of Assam only whereas in other states, detection of foreigners is done under The Foreigners Act, 1946. The act made it difficult to deport illegal immigrants from Assam. Salient features The Foreigners Act, 1946 defines a foreigner as a person who is not a citizen of India. Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a fore ...
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Immigration Law
Immigration law includes the national statutes, Primary and secondary legislation, regulations, and Precedent, legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although they are sometimes conflated. Countries frequently maintain laws that regulate both the rights of entry and exit as well as internal rights, such as the duration of stay, freedom of movement, and the right to participate in commerce or government. Variation Immigration laws vary around the world and throughout history, according to the Society, social and political climate of the place and time, as the acceptance of immigrants sways from the widely Inclusiveness, inclusive to the deeply Nationalism, nationalist and Isolationism, isolationist. National laws regarding the immigration of citizens of that country are regulated by international law. The United Nations, United Nations' International Cove ...
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Illegal Immigration
Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to do so. Illegal immigration tends to be financially upward, with migrants moving from poorer to richer countries. Illegal residence in another country creates the risk of detention, deportation, and other imposed sanctions. Asylum seekers who are denied asylum may face impediment to expulsion if the home country refuses to receive the person or if new asylum evidence emerges after the decision. In some cases, these people are considered illegal aliens. In others, they may receive a temporary residence permit, for example regarding the principle of non-refoulement in the International Refugee Convention. The European Court of Human Rights, referring to the European Convention on Human Rights, has shown in a number of indicative judgments that there are enforcement barriers to expulsion to certai ...
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Impediment To Expulsion
Impediment to expulsion are practical or legal barriers that prevent a country from enforcing an expulsion or deportation decision of a non-national. Examples of impediments to expulsion in certain countries are: * A government's decision on a temporary enforcement halt or suspension of all deportations to a specific country due to for example war * The home country refuses to receive the person. * The foreigner's identity was not established. * Transport is not possible. * Serious difficulties would arise due to the foreigner's health condition In some countries and cases, a person who has been asylum seeker but has received negative decision, may still be entitled to reside in the country where the person has applied for a residence permit due to such impediments, and may get a temporary or permanent residence permit. See also * Cancellation of removal in the United States, formerly known as suspension of deportation * Government failure In public choice, a government ...
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Non-refoulement
Non-refoulement () is a fundamental principle of international law anchored in the Convention Relating to the Status of Refugees that forbids a country from deporting (" refoulement") any person to any country in which their "life or freedom would be threatened" on account of "race, religion, nationality, membership of a particular social group or political opinion". The only exception to non-refoulement according to Convention Relating to the Status of Refugees are "reasonable grounds" of "danger to the security of the country" or "danger to the community of that country". Unlike political asylum, which applies only to those who can prove a well-grounded fear of political persecution, non-refoulement refers to the generic deportation of people, including refugees into war zones and other disaster locales. Non-refoulement is generally seen as customary international law, where it applies even to states that are not parties to the 1951 Convention Relating to the Status of Refugees ...
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Convention Relating To The Status Of Refugees
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951 is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The convention also sets out which people do not qualify as refugees, such as war criminals. The convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention. This convention was mentioned in Article 78 of the Treaty on the Functioning of the European Union. The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries. A refugee may enjoy rights and benefits in a state in addition to those provided for in the convention. The rights created by the Convention generally still stand ...
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Signature
A signature (; from , "to sign") is a depiction of someone's name, nickname, or even a simple "X" or other mark that a person writes on documents as a proof of identity and intent. Signatures are often, but not always, Handwriting, handwritten or stylized. The writer of a signature is a signatory or signer. Similar to a handwritten signature, a signature work describes the work as readily identifying its creator. A signature may be confused with an autograph, which is chiefly an artistic signature. This can lead to confusion when people have both an autograph and signature and as such some people in the public eye keep their signatures private whilst fully publishing their autograph. Function and types Identification The traditional function of a signature is to permanently affix to a document a person's uniquely personal, undeniable self-identification as physical evidence of that person's personal witness and certification of the content of all, or a specified part, of ...
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National Security Strategy (India)
The National Security Strategy (NSS) of India has not been defined since its Independence in 1947. Framing an NSS has remained a major policy goal and challenge of successive Indian governments. Background In 2007, a draft National Security Strategy was prepared by the Integrated Defence Staff, but was not approved by the Cabinet Committee of Security. The Defence Planning Committee (DPC), a senior decision-making mechanism created In April 2018 by the Central Government of India, according to the notification issued by Indian Government the DPC, will have several mandates including a task to prepare a draft National Security Strategy for India. In 2019, the Indian National Congress came out with a document 'India's National Security Strategy', also called the Hooda report, which was subsequently integrated into its manifesto. In March 2021, Chief of Defence Staff General Bipin Rawat, at a talk at the College of Defence Management, stated that "some important steps that we n ...
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Rohingya People
The Rohingya people (; ; ) are a stateless nation, stateless Indo-Aryan peoples, Indo-Aryan ethnolinguistic group who predominantly follow Islam from Rakhine State, Myanmar. Before the Rohingya genocide in 2017, when over 740,000 fled to Bangladesh, an estimated 1.4 million Rohingya lived in Myanmar.UNHCR news briefing, 20 October 2020, https://www.unhcr.org/news/briefing/2020/10/5f8d7c004/unhcr-calls-solidarity-support-solutions-rohingya-refugees-ahead-urgent.html,accessed 20 December 2020 Described by journalists and news outlets as one of the most persecuted minorities in the world, the Rohingya are denied citizenship under the Myanmar nationality law, 1982 Myanmar nationality law. There are also restrictions on their freedom of movement, access to state education and civil service jobs. The legal conditions faced by the Rohingya in Myanmar have been compared to apartheidIbrahim, Azeem (fellow at Mansfield College, Oxford, and 2009 Yale World Fellow"War of Words: What's in ...
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West Bengal
West Bengal (; Bengali language, Bengali: , , abbr. WB) is a States and union territories of India, state in the East India, eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabitants within an area of as of 2011. The population estimate as of 2023 is 99,723,000. West Bengal is the List of states and union territories of India by population, fourth-most populous and List of states and union territories of India by area, thirteenth-largest state by area in India, as well as the List of first-level administrative divisions by population, eighth-most populous country subdivision of the world. As a part of the Bengal region of the Indian subcontinent, it borders Bangladesh in the east, and Nepal and Bhutan in the north. It also borders the Indian states of Jharkhand, Odisha, Bihar, Sikkim and Assam. The state capital is Kolkata, the List of metropolitan areas in India, third-largest metropolis, and List of cities in I ...
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