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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 Citizens Indian nationality law is g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
India
India, officially the Republic of India (Hindi: ), 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 and dependencies by population, second-most populous country, and the most populous democracy in the world. 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 in the vicinity of 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 average to betwee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Detain
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation or as punishment for a crime (see prison). An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis. The term can also be used in reference to the holding of property for the same reasons. The process of detainment may or may not have been preceded or followed with an arrest. Detainee is a term used by certain governments and their armed forces to refer to individuals held in custody, such as those it does not classify and tr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Interest Litigation In India
The chief instrument through which judicial activism has flourished in India is public interest litigation (PIL) or social action litigation (SAL). ''Public interest litigation'' (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati. It is a relaxation on the traditional rule of ''locus standi''. Before 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL. History One of the earliest public interest ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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''. Known as the IMDT Act (1983) it 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 whet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration Law
Immigration law refers to the national statutes, regulations, and 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. Immigration laws vary around the world and throughout history, according to the social and political climate of the place and time, as the acceptance of immigrants sways from the widely inclusive to the deeply nationalist and isolationist. National laws regarding the immigration of citizens of that country are regulated by international law. The United Nations' International Covenant on Civil and Political Rights mandates that all countries allow entry to their own citizens.United Nations. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Illegal Immigration
Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upward, from poorer to richer countries. Illegal residence in another country creates the risk of detention, deportation, and/or other 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, and in others, they may receive a temporary residence permit, for example with reference to 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 certain countri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Impediment To Expulsion
Impediment to expulsion, or prohibition of deportation, are practical or legal barriers that prevents a country from enforcing an expulsion or deportation decision of a non-national. 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. In other countries and cases, the person would be considered an undocumented (also known as illegal or irregular) immigrant, or may be in an undefined legal state. Examples of impediments to expulsion in certain countries are: * 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 * New asylum reasons occur after the deportation decision, with reference to the principle of non-re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-refoulement
Non-refoulement () is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in likely danger of persecution based on "race, religion, nationality, membership of a particular social group or political opinion". Unlike political asylum, which applies to those who can prove a well-grounded fear of persecution based on certain category of persons, non-refoulement refers to the generic repatriation of people, including refugees into war zones and other disaster locales. It is a principle of customary international law, as it applies even to states that are not parties to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol. It is also a principle of the trucial law of nations. It is debatable whether non-refoulement is a '' jus cogens'' of international law. If so, international law would permit no abridgments for any purpose or under any circumstances. The debate over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. 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 today. Some have argued that the complex nature of 21st century refugee relationships calls for a n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Signature
A signature (; from la, signare, "to sign") is a Handwriting, handwritten (and often Stylization, stylized) 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. 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 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 the document. For examp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 The Indian National Congress (INC), colloquially the Congress Party but often simply the Congress, is a political party in India with widespread roots. Founded in 1885, it was the first modern nationalist movement to emerge in the British ... came out with a document 'India's National ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rohingya People
The Rohingya people () are a stateless Indo-Aryan ethnic group who predominantly follow Islam and reside in Rakhine State, Myanmar (previously known as Burma). 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 December 20, 2020 Described by journalists and news outlets as one of the most persecuted minorities in the world, the Rohingya are denied citizenship under the 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 University, and 2009 Yale World Fellow"War of Words: What's in the Name 'Rohingya'?" ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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