Former Union Home Secretary GK Pillai cautions the authorities over the draft law empowering immigration officers with arrest power, saying recent Supreme Court rulings needed to be kept in mind while framing rules to ensure that officers should also be made responsible for abiding by provisions of the Bharatiya Nagarik Suraksha Sanhita. In a freewheeling conversation with Mukesh Ranjan, Pillai delves into various provisions of the proposed law. Excerpts:
Was there a need to bring a new law to regulate immigration in India?
This is a matter for the government to look into and take a call on. Essentially, the existing laws regulating immigration in India are old and have been in vogue since the British era. Now, in light of ever-evolving migration trends and modes of transport, it may be useful to have a consolidated law on the subject.
What is your take on the government’s intent to consolidate four separate laws – Passport (Entry into India) Act- 1920, Registration of Foreigners Act, 1939 Foreigners Act, 1946 and Immigration (Carriers’ Liability) Act, 2000?
The very fact is that the way the new law has been titled, the focus is on immigration and illegal entry of people into India, particularly from neighbouring countries like Bangladesh, Myanmar and Afghanistan. It has always been a matter of concern for us in the government. I feel it is better that the government comes up with a consolidated law on the subject and replaces it with four different laws, which came in at different time zones. This will give a sense of purpose and clarity in execution.
What are your views on the issue of refugees since the proposed law continues to be silent over it?
Yes, with this, there was an opportunity for the government to spell out the issue of refugees in the country. It would have been helpful if the issue had been covered under the new law, as we have welcomed people in distress worldwide since time immemorial. We have people – Jews, Parsis, Afghanis and Tibetans – living in India, and we have given them shelter at different times because they faced hardships for one reason or another. We need to have a law to regulate and avoid confusion about the status of refugees in the country.
Is it good to make every foreigner legally entering India register mandatorily upon arrival?
If the government wants to make it mandatory for all foreign nationals coming to India to register separately with local authorities after they pass through the immigration counter, it would be retrograde and have ramifications on tourism and diplomatic relations with many countries. And, if other countries start reciprocating it, it will affect Indians. I sincerely hope this will not be the case at all.
How do you see the proposed law’s provision to make transport carriers liable for providing passenger data and complying with immigration rules? It also has a provision for transport carriers to take back the person who has been denied entry. How is this justified?
Furnishing details of their passengers with the destination country is quite a standard norm, which every country in the world has. Once a person is denied entry, there is only one option: to hand over the transport carrier to take the person back to the place of origin. The passenger denied entry bears the cost of the return journey.
The proposed law also empowers immigration officers to arrest a person without a warrant. Is this justifiable?
If the government wants to empower immigration officers with police power of arrest, then the Supreme Court guidelines will need to be followed, where the authorities will require adhering to all the provisions of Bhartiya Nyay Suraksha Sanhita. I hope the government will take care of the SC guidelines while formulating the rules regarding arrest or detention.
There is another provision that puts the burden of proof on individuals to establish they are not foreigners. How contentious is the provision?
Such doubtful individuals will be produced before a foreigners’ tribunal, which will determine whether the person is Indian or not. I presume this provision will apply only to illegal migrants who have entered India without valid documents. The provision requires it to be implemented very judiciously to avoid harassment of innocent and bonafide citizens who may not have required documents. It is there for all to see what happened during Assam’s NRC exercise.
How do you see the obligations put on universities, hospitals, and accommodation providers to report about foreign nationals?
The percentage of people who come to India and do not go back is very minuscule (0.1%). There is a form called “C Form” that hotels must submit to local police regarding foreign guests staying with them within 24 hours of their arrival. Presently, this is mandated under the Foreigners Act.