Objective of Consolidation:
The bill unifies four existing laws—the Foreigners Act, 1946; Passport (Entry into India) Act, 1920; Registration of Foreigners Act, 1939; and Immigration (Carriers’ Liability) Act, 2000—eliminating overlaps and modernizing India’s immigration framework. It replaces colonial-era laws with contemporary security measures.
Relevance : GS 2(International Relations)
Strengthening Regulatory Framework:
The bill introduces stricter provisions for foreigners, increasing penalties for unauthorized entry, fake documents, or overstaying visas (fines up to ₹10 lakh, imprisonment up to 7 years). Immigration officers gain expanded powers to detain, investigate, and deport illegal immigrants without a warrant.
Shift in Burden of Proof:
Section 16 places the burden of proof on individuals to establish their legal status, similar to laws like PMLA and PCA. This reduces the evidentiary burden on authorities and curbs document fraud but may raise constitutional concerns.
Enhanced Registration Requirements:
Foreigners must register with the Foreigners Regional Registration Office (FRRO). Private hosts, universities, hospitals, and institutions must report foreign guests’ details, ensuring better tracking and accountability.
Carrier Liability and Enforcement:
Airlines and shipping companies must remove foreigners denied entry at their own expense, with fines up to ₹5 lakh for violations. Non-compliance may lead to vehicle seizure, reinforcing border control.
Security and Monitoring Implications:
The bill strengthens internal security through real-time tracking but raises concerns about overreach and harassment. Implementation challenges include FRRO staffing and technological constraints. Critics argue the burden of proof shift may violate fundamental rights.
Broader Context:
The bill aligns with global immigration trends, focusing on illegal immigration from neighboring countries. Its success depends on coordinated enforcement and balancing security with India’s tourism-friendly image.
