India’s strategic location, strong economy, and democratic values have made it a destination for refugees, especially from Bangladesh. However, illegal immigration from Bangladesh, with an estimated 20 million migrants, has caused national security and socio-economic concerns. Despite laws, inadequate enforcement has left this issue largely unaddressed.
NEW DELHI: India, with its strong economy, democratic values, and geostrategic location, has long served as a refuge for those fleeing persecution or seeking better opportunities. Immigrants and refugees from neighboring countries such as Tibet, Afghanistan, Sri Lanka, Myanmar, Pakistan, and Bangladesh have found shelter here. While India has managed the influx of refugees from Tibet, Sri Lanka, Afghanistan, and Myanmar to some extent, the issue of illegal immigration, particularly from Bangladesh, has raised growing concerns.
The main challenge arises from India’s long, porous 4,096-kilometer border with Bangladesh, which has made it easy for millions of illegal immigrants to cross into India. A 2016 government estimate suggested that around 20 million illegal immigrants reside in India, many of whom entered through unofficial channels and going forward the number of illegal immigrants in India , is now unknown as stated by Central Government in its recent affidavit before the Supreme Court.
A recent police raid on 25 undocumented Bangladeshi nationals revealed that these migrants allegedly paid between Rs 30,000 and Rs 50,000 to middlemen for illegal entry into India. Despite stringent laws, the lack of effective implementation has left this issue largely unchecked, causing significant socio-economic and national security concerns.
WHO ARE ILLEGAL IMMIGRANTS
Foreign nationals who come to India without proper travel papers are considered illegal immigrants.
All foreign nationals, including those who enter India without valid travel documents or stay beyond their visa’s allowed time, must follow the rules mentioned in “The Foreigners Act, 1946,” “The Registration of Foreigners Act, 1939,” “The Passport (Entry into India) Act, 1920,” and “The Citizenship Act, 1955.”
However, in some special cases, exemptions are provided under “The Passport (Entry into India) Act, 1920” and “The Foreigners Act, 1946.” These exemptions are decided on a case-by-case basis.
Illegal immigration from Bangladesh to India has been a serious issue for many years. It is estimated that over 15 million Bangladeshi immigrants are living in India. These immigrants usually enter India through areas like Malda, 24 Parganas, Murshidabad, Dineshpur, and Chapali Nawabganj. Once they arrive, they often get fake Aadhaar cards from agents, paying between Rs 2,000 and Rs 10,000 for these documents. With these fake documents, they are able to settle in different parts of the country and find jobs.
REASONS FOR ILLEGAL MIGRATION
Illegal migration happens for several reasons, with some of the main causes being:
- Economic Factors: Many people migrate illegally due to poverty and lack of economic opportunities in their home countries. For example, if individuals face stagnant incomes or limited job options, they might seek better opportunities elsewhere, even through illegal means.
- Better Standard of Living: The promise or perception of a better life in other countries often attracts migrants. A well-known example is the “American Dream,” which continues to attract both legal and illegal migrants to the USA, as people believe they will find more opportunities and a higher standard of living.
- Human Trafficking Networks: Smuggling migrants is a highly profitable illegal activity that is often difficult to detect. Human trafficking rings take advantage of this, helping migrants cross borders illegally for a fee. As of October 2023, 2,925 illegal agents were notified in India through the e-Migrate portal.
- Political and Religious Persecution: Many illegal immigrants and refugees flee their home countries due to political or religious persecution. Countries like Tibet, Afghanistan, Sri Lanka, Myanmar, Pakistan, and Bangladesh have seen many people seek refuge in India.
- Overpopulation: Countries with high population density, such as Bangladesh, face issues like a shortage of living space and job opportunities. This can lead people to illegally migrate to neighboring regions, including India’s northeastern states, in search of better living conditions.
- Natural Disasters: Natural disasters, such as floods, cyclones, and droughts, force people to leave their homes and migrate to other areas for survival. For instance, frequent floods in Bangladesh often lead people to cross the border into India.
- Existing Social Networks: Migrants from previous waves of migration often establish social networks in new locations. These networks encourage more people from similar backgrounds to migrate, sometimes through illegal routes, when other options are not available.
IMPACTS OF ILLEGAL MIGRATION
Illegal migration has several negative consequences, both for the migrants and the host countries:
- Economic Exploitation: Illegal migrants often work in informal or temporary jobs without legal protection. They are vulnerable to exploitation, including forced labor, as they lack legal rights.
- Violation of Human Rights: Illegal migrants are at risk of facing inhumane treatment. They may be subject to assault, rape, extortion, or other forms of abuse during their journey or when they reach their destination.
- Risk of Detention and Deportation: Illegal migrants live in constant fear of being caught and deported by the authorities. They may also be mistreated while in detention. For example, detention centers in the US have been criticized for poor living conditions that negatively impact the health of detainees, including children.
- Social Tensions: Large-scale illegal migration can change the social and cultural makeup of an area, causing tensions between different groups. In Assam, for example, the migration of illegal Bangladeshis has sparked debates about the preservation of Assamese identity and led to socio-political conflicts.
- Facilitates Organized Crimes: Criminal organizations often profit from smuggling migrants across borders. This illegal activity is prevalent, as seen in the US-Mexico border, where organized crime plays a significant role in human trafficking.
LAWS RELATING TO ILLEGAL IMMIGRATION
In India, the entry and movement of foreign nationals are controlled by three main laws – the 1920 Passport Act, the 1946 Foreigners Act, and the 1939 Registration of Foreigners Act. These laws set the rules for foreign nationals entering, staying, and leaving the country. However, since 1971,
“Weak border security has led to the entry of millions of Bangladeshi nationals, many of whom have later “obtained” citizenship documents through both legal and illegal methods.”
Following are the laws in place to tackle the issue of illegal immigration:
1.The Foreigners Act, 1946: This law allows the government to control the entry, stay, and exit of foreigners in India.
2.The Passport (Entry into India) Act, 1920: According to this Act, foreigners must have valid passports to enter India.
3.The Citizenship Act, 1955: This law outlines how people can get Indian citizenship and makes it clear that illegal immigrants cannot get citizenship through birth, registration, or naturalization.
4.The Citizenship (Amendment) Act, 2019 (CAA) provides a way for certain religious minorities from Pakistan, Bangladesh, and Afghanistan to gain Indian citizenship, but this law does not include Muslim immigrants from these countries.
The Indian government’s stance on undocumented Bangladeshi immigrants is shaped by a political narrative that distinguishes between different religious groups. Muslims among them are often labeled as “infiltrators”, while non-Muslim minorities are seen as “migrants” who have fled “persecution in their countries”. This classification influences how different groups are treated under India’s immigration policies.
On the other hand, “eligible legal migrants” have the option to apply for Indian citizenship through naturalization or registration. This approach was chosen to bypass complex legal issues related to refugee status, especially since India has not signed any international agreements on refugees. This means that India does not have a clear legal framework to protect refugees under international law.
The Supreme Court of India has confirmed that Section 6A of the Citizenship Act, which deals with illegal immigrants in Assam, is constitutionally valid. This section specifically addresses the situation of immigrants from Bangladesh in Assam, giving the government the authority to regulate their status.
READ JUDGEMENT:
Despite this legal ruling, the Indian government continues to face the challenges of managing illegal immigration from Bangladesh. It is a complex issue, as the government must balance national security concerns with the humanitarian needs of people crossing borders in search of a better life. These challenges remain significant, and addressing them requires a careful approach.
RECENT STEPS TAKEN AGAINST THE ILLEGAL IMMIGRATION FROM BANGLADESH
In recent actions taken to address illegal immigration,
Mamata Banerjee’s Allegations:
- Mamata Banerjee, the Chief Minister of West Bengal, accused the Border Security Force (BSF) of allowing illegal immigrants to enter India through areas like Islampur and Cooch Behar.
- She made these claims during an administrative meeting on January 3.
Delhi Police and Deportations:
- In Delhi, following several arrests of illegal immigrants, the Delhi Police, with the help of the Foreigners Regional Registration Office, deported the individuals back to Bangladesh.
Delhi Municipal Corporation’s Directive:
- The Delhi Municipal Corporation ordered government-run schools to stop enrolling children of “illegal Bangladeshi migrants.”
- Schools were instructed to report any suspected illegal immigrants to the police.
AAP Government’s Circular:
- On December 23, 2024, the AAP government issued a circular directing schools to verify the admissions of children belonging to illegal Bangladeshi families.
- These actions are part of the ongoing efforts by local and national authorities to address illegal immigration.
Lieutenant Governor’s Orders in Delhi:
- Delhi’s Lieutenant Governor, appointed by the BJP-led central government, ordered the police and civil bureaucracy to focus on identifying and deporting illegal Bangladeshi immigrants.
- Using “data analytics” and “ground intelligence,” 14 illegal immigrants were deported in December 2024.
Maharashtra’s Stand on Illegal Immigrants:
- The BJP-Shiv Sena government in Maharashtra also warned illegal Bangladeshi immigrants in Mumbai of potential deportation.
THE SAY OF THE CENTRAL GOVERNMENT ON ILLEGAL MIGRANTS
In December 2023, the central government told the Supreme Court that
“It cannot provide exact numbers of illegal immigrants, calling the situation “grim.”
This statement highlights the challenges in managing illegal immigration.
Additionally, in November 2024, a response to an RTI (Right to Information) request revealed that :
“There is no centralized data on illegal Bangladeshi nationals or their activities in India. “
This lack of data further complicates efforts to address the issue effectively.
INTITATIVES TAKEN TO COUNTER LLEGAL MIGRATION
To address the problem of illegal migration, the government and various organizations have taken several steps:
- ‘Surakshit Jayen Prashikshit Jayen’ Campaign: This initiative, launched by the Ministry of External Affairs (MEA), aims to raise awareness about using legal and safe channels when traveling abroad for work. This helps prevent illegal migration and encourages people to follow proper procedures.
- Migration and Mobility Partnership Agreements: India has signed agreements with countries like France to promote legal and orderly migration. These agreements aim to ensure that illegal migrants are returned to their countries and help combat irregular migration.
- Border Management: To prevent illegal immigration, India has focused on improving border security. Key initiatives include:
- Physical Infrastructure: The construction of border fencing and floodlighting helps to restrict illegal crossings.
- Comprehensive Integrated Border Management System (CIBMS): This technological solution improves the monitoring of border areas and enhances situational awareness.
- Regular Patrolling: The Border Security Force (BSF) and Assam Rifles conduct regular patrols and anti-tunneling exercises to stop illegal immigration attempts.
Illegal migration is a complex issue that presents several challenges to countries across the world, particularly in regions with porous borders, high migration demand, and insufficient data. One of the main challenges is the lack of accurate data, as illegal migrants often enter in a “clandestine and surreptitious” manner, making it difficult to track their numbers or activities. The porous borders of countries, such as India, further facilitate the movement of illegal migrants, as they can cross through multiple countries using routes that evade border security. Additionally, the regulation of travel and placement agencies is weak, which enables unscrupulous agents to operate illegally, helping people migrate without proper documentation.
Another major challenge arises from the need for better coordination between countries and law enforcement agencies to tackle international human trafficking networks that span borders. The involvement of organized criminal groups that specialize in migrant smuggling further complicates the issue, as they operate professionally across regions.
Legal shortcomings in India also hinder the fight against illegal migration, as the absence of clear laws or weak enforcement allows criminal networks to exploit vulnerable migrants without facing significant legal consequences.
In conclusion, illegal migration is an issue that requires a multifaceted approach to address effectively. It demands better border security, stronger regulation of travel agencies, enhanced international cooperation, dismantling of organized criminal networks, and comprehensive legislation. Only by tackling these interconnected challenges can countries hope to reduce the impact of illegal migration and protect both migrants and local populations.
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