Introduction:
‘Immigration’ is the process through which individuals move from their home country to another country with the intention of settling there either temporarily or permanently. This movement can be motivated by various factors, including the search for better economic opportunities, the pursuit of education, family reunification, or escaping adverse conditions such as war, persecution, or natural disasters.
India’s history of immigration dates back thousands of years, marked by waves of settlers, traders, conquerors, and refugees. Ancient trade routes and empires brought people from Central Asia, Persia, the Arab world, and beyond. In more recent centuries, colonial rule and global economic changes have further shaped migration patterns.
* Ancient and Medieval Periods: Migration was driven by trade, conquest, and religious pursuits. Notable groups included Persian Zoroastrians, Arab traders, and Central Asian conquerors.
* Colonial Period: British colonial rule saw significant migration, both voluntary and forced, including the movement of indentured labourers to and from India to other parts of the British Empire.
Types of Immigration
1. Voluntary Immigration: Individuals who migrate by choice, often seeking better employment, education, or living conditions.
2. Forced Immigration: Individuals compelled to migrate due to conflict, persecution, natural disasters, or human trafficking.
3. Legal Immigration: Movement in accordance with the immigration laws of the destination country, often involving visas, work permits, and residency applications.
4. Illegal Immigration: Movement that occurs without the necessary authorization or documents required by the destination country.
Modern Immigration Trends
In contemporary India, immigration encompasses a wide range of movements, including economic migration, refugee inflows, and cross-border migration with neighbouring countries.
Economic Migration
India attracts a considerable number of economic migrants, particularly from neighbouring countries like Nepal, Bangladesh, and Bhutan. These migrants often seek better job opportunities and living standards.
Refugees and Asylum Seekers
India hosts a significant number of refugees and asylum seekers, primarily from neighbouring conflict-ridden regions. Key groups include:
* Tibetan Refugees: Following the 1959 Tibetan uprising, many Tibetans, including the Dalai Lama, sought refuge in India.
* Sri Lankan Tamils: Civil conflict in Sri Lanka during the 1980s and 1990s led to an influx of Tamil refugees.
* Rohingya Muslims: Fleeing persecution in Myanmar, many Rohingya have sought asylum in India in recent years.
Cross-Border Migration
India shares extensive borders with several countries, leading to significant cross-border migration. The India-Bangladesh border, in particular, has seen substantial movement due to historical, economic, and social ties.
Legal and Policy Framework
India’s approach to immigration is governed by a combination of laws and policies aimed at regulating the entry, stay, and exit of foreign nationals.
* The Foreigners Act, 1946: Provides the legal framework for the regulation of foreigners in India.
* The Passport (Entry into India) Act, 1920: Governs the entry of foreign nationals.
* Citizenship Act, 1955: Outlines the acquisition and loss of Indian citizenship, with recent amendments such as the Citizenship (Amendment) Act, 2019, which has been a subject of significant debate and controversy.
Issues faced by migrants:
* Poor execution of the law requiring minimum safety requirements, as well as a lack of social security and health benefits.
* The inability to transport benefits supplied by the state, particularly food distributed via the public distribution system (PDS).
* The Inter-State Migrant Workmen Act of 1979 (ISMW Act) provisions were not properly implemented.
* Lack of access to affordable housing and basic amenities in urban areas.
Cases on Immigration:
India’s immigration policies and related legal cases cover a range of issues, from the status of refugees and asylum seekers to the regulation of foreign nationals living in the country. Here are some notable cases and developments:
1. The Sarbananda Sonowal v. Union of India (2005) case is a landmark judgment by the Supreme Court of India that significantly impacted immigration law and policy in India. The case challenged the constitutionality of the Illegal Migrants (Determination by Tribunal) Act, 1983 (IMDT Act), which was designed to identify and deport illegal immigrants in Assam. Sarbananda Sonowal, the petitioner, argued that the IMDT Act was ineffective and biased towards illegal immigrants, particularly from Bangladesh, thereby threatening the demographic and cultural integrity of Assam. The Supreme Court struck down the IMDT Act, declaring it unconstitutional, and emphasized the need for stricter measures to control illegal immigration, reinforcing the applicability of the Foreigners Act, 1946, for this purpose. This ruling underscored the responsibility of the state to protect its citizens and maintain national security.
2. The Assam Sanmilita Mahasangha v. Union of India case involves a significant legal challenge to the issue of illegal immigration in Assam and the process of updating the National Register of Citizens (NRC). Filed by the Assam Sanmilita Mahasangha, an umbrella body representing several ethnic organizations in Assam, the case questioned the validity of Section 6A of the Citizenship Act, 1955, which allowed for the identification and deportation of illegal immigrants who entered Assam after March 25, 1971, as per the Assam Accord. The petitioners argued that this provision was discriminatory and inadequate to protect the indigenous population of Assam from the influx of illegal immigrants from Bangladesh, which threatened their cultural and demographic integrity. The Supreme Court of India has been actively involved in overseeing the NRC update process, ensuring its fairness and accuracy while addressing concerns related to illegal immigration and the rights of genuine Indian citizens. The case highlights the complexities and sensitivities surrounding immigration, citizenship, and ethnic identity in Assam.
3. The Mohammad Salimullah v. Union of India case is a significant legal battle concerning the rights and treatment of Rohingya refugees in India. Mohammad Salimullah, a Rohingya refugee, filed a petition before the Supreme Court of India seeking to prevent the Indian government from deporting Rohingya refugees back to Myanmar, where they face severe persecution and violence. The petitioners argued that such deportations would violate international human rights obligations, particularly the principle of non-refoulement, which prohibits the return of refugees to a place where they face serious threats to their life or freedom. The Indian government, on the other hand, maintained that the Rohingya pose a security threat. In its interim order, the Supreme Court refrained from passing a blanket stay on deportations but allowed individual cases to be reviewed on humanitarian grounds, balancing national security concerns with the need to protect vulnerable populations. This case underscores the ongoing tension between national security considerations and humanitarian obligations in India’s immigration policy.
Conclusion:
Immigration continues to play a crucial role in shaping India’s demographic, economic, and cultural landscape. While it presents opportunities for cultural enrichment and economic development, it also poses significant challenges that require balanced and humane policy responses. As global migration trends evolve, India’s approach to immigration will remain a critical aspect of its national policy and international relations.
