DR. THOKCHOM MEINYA (INNER
MANIPUR): I rise to participate in the discussion and consideration of the
Illegal Immigration and Overstaying Foreign Nationals (Identification and
Deportation) Bill, 2009 introduced by our hon. Colleague Shri Baijayant Panda.
Sir,
we can look at this particular Bill in two parts – one is about illegal
immigrants with no proper documents for travel and other things, and another
one is overstaying foreign nationals who perhaps have the travel documents to
come into our country. This particular Bill rather has given us a chance to
discuss some very important illegal and migration issues. I being a man from
one of the North Eastern States, I wish to say the following things.
In
this era of globalization and liberalization, to speak about one’s identity and
culture may sound conservative and retrogressive. It is not merely a matter of
identity and culture, it also is a question of political and economic survival
of the natives. Even in a global village or a cosmopolitan environment,
everyone must have the right to preserve and promote his or her identity and
culture, but exactly not at the cost of others. As a matter of fact, huge
influx of illegal immigrants affects not only the culture and identity of the
natives, but also greatly affects the economics and politics of the country.
There
is no dearth of problems in the border States of the country – be it Jammu and
Kashmir, Punjab, Gujarat, Orissa, for that matter in all coastal areas, and
particularly in Bengal and North Eastern States. Our focus is always on
terrorism, insurgency, under-development and, of course, corruption.
Let
us see the situation in the North Eastern Region from where I come. Apart from
the above-mentioned major issues of insurgency and the under-development, there
is another problem looming large in the entire Region, that is, the problem of
demographic infiltration across the border. In fact, illegal immigrants from
Bangladesh and Myanmar have been a major issue in States like Assam, Manipur,
Meghalaya and Tripura. Floods of migrants have come and settled in various
parts of these States.
Tripuris in Tripura are now
a minority community in their homeland because of the ever-increasing influx of
population from Bangladesh. Earlier, Tripuris were the majority
community in Tripura. But now they are reduced to a minority community in their
own homeland. Moreover, their cultural identity has been greatly influenced by
the aliens and foreign intruders.
Please
take the example of Assam. Foreigners’ issue has been a vexed issue in the
State for the last many years. Assam Gana Parishad is the product of the
anti-foreigners movement of Assam students. Despite the Assam Accord and the
Immigration Law, the problem of foreigners in Assam still continues. Thousands
of migrants are still pouring into this State from Bangladesh. The most
difficult duty of the State Government is to identify the foreigners and deport
them. These migrants do speak the same language. They have the same religion.
They can very easily mix with the natives. Thus their population increases
alarmingly and there is a big change in the demographics.
Manipuris
in the State of Manipur are under a constant threat from the waves of
foreigners coming in from Myanmar. Floods of people from the neighbouring
countries have entered Manipur and settled there. Such influx is going on every
now and then because the border is porous. Still the intrusion is continuing.
Here also the major problem is that the intruders have similar physical
appearance and speak the same language. They have their arable lands on either
side of the borders. Their children are married to one another. They go farming
from this side to that side. So, this is a real human problem. They also speak,
very interestingly, Kuki, Mejo, the same dialects. This is one problem.
Consequently, a dramatic metamorphosis takes place and the identity of their
culture is threatened. One day, the position of natives of Manipur may become
like that of Tripuris in the State of Tripura. In order to check infiltration
from the neighbouring countries, proper border fencing must be done.
MR. CHAIRMAN : Meinyaji,
please wait.
Since
the time allotted for consideration of this Bill is over, if the House agrees,
we can extend the time till the completion of discussion on the Bill.
SOME HON. MEMBERS: We
agree.
MR. CHAIRMAN: Okay.
Meinyaji, please continue.
DR. THOKCHOM MEINYA : In
order to check infiltration from the neighbouring countries, proper border
fencing and regular full guard is necessary. It is learnt that some fencing
work has been started at the Indo-Myanmar border. I know border fencing at the
Indo-Bangladesh border is taken up in full swing. It is very good. Fencing our
border will definitely check illegal migration in the North-East. Fencing plus
strict and proper security patrolling will certainly solve the menace of
illegal migration.
We
do understand many things about other border States like Gujarat, Rajasthan,
Punjab, Jammu & Kashmir, Orissa and others. But I strongly feel that proper
border fencing and vigilant border patrolling by our security personnel will
definitely and drastically curb the problem of illegal migration across the
border.
As
I have said in the beginning, we can take up this particular Bill in two parts,
one exclusively for illegal immigrants and another exclusively for overstaying
foreign nationals.
With
these words, I thank you for having allowed me to participate in the debate.
I
have been listening with rapt attention to the views expressed by Mr. Baijayant
Panda and other Members. The Bill is to provide for identification of illegal
immigrants and those foreign nationals who are overstaying in the country or
have gone missing after the expiry of their visas, and for their deportation to
the countries of their origin.
Sir,
by this Bill, the hon. Member seeks to establish a National Commission and
State Commissions for identification and deportation of illegal immigrants and
foreign nationals. The functions of the Commission, according to the mover are,
to identify illegal immigrants or foreign nationals and determine their
nationality, to prescribe the guidelines for State Commissions for identifying
the illegal immigrants or foreign nationals and their nationality, to hear any
complaint or appeal against the findings of any State Commission, to recommend
to appropriate Government for deportation of illegal immigrants and foreign
nationals, to facilitate speedy hearing of cases against illegal immigrants,
and to take such measures as may be necessary for this purpose.
It
is a fact that there are innumerable illegal immigrants in our country, as
stated by the hon. Member, as is there in the Statement of Objects and Reasons.
It is also a fact that the presence of the illegal immigrants creates a variety
of problems in our country. They are mostly coming from neighbouring countries
and the figures will show that the influx is mainly from Bangladesh.
Considering
the large influx of illegal immigration from Bangladesh through the long porous
border and further, in view of the geographical proximity, family ties and
ethnic similarities, coupled with better economic opportunities in India, a
special procedure has been laid under the existing Act for identification and
deportation of Bangladeshi immigrants.
This
provides for verification of claims of alleged illegal Bangladeshis to be
persons of India, from the concerned State, within a period of 30 days and if
it is not done, then deportation is effected through BSF, using ‘push back’
mode. These instructions are being reviewed and modified under delegated
powers.
As
far as illegal immigration from other countries is concerned, the State
Government, after nationality verification is done by the Ministry of External
Affairs, issues appropriate travel documents, and thereafter, deports the
person. I would like to mention that we have adequate and appropriate
legislation by way of Foreigners Act, 1946 to deal with such illegal immigrants
and other related issues.
The
1946 Act defines ‘foreigners’ as persons who are not citizens of India. It
gives wide powers to the Government of India to make orders relating to every
aspect of illegal immigration and overstay of foreigners. The Foreigners Act,
1946 provides for detection, identification and deportation of illegal
immigrants and foreigners overstaying in India. The authority under the Act of
1946 Act is given to the District Magistrate and Commissioner or Superintendent
of Police.
Besides,
it also stipulates certain obligations on the masters of vessels, pilots of
aircrafts, owners of hotels, and premises frequented by foreigners to furnish
information about foreign nationals. The effectiveness of the procedure laid
down in the Foreigners’ Tribunal Order of 1964 passed under the said Act is
also worth mentioning. I reiterate the fact that illegal immigration is a
serious issue which needs to be addressed very effectively; and it is to be
tackled in a pragmatic manner. But I must also state that the existing Acts,
rules, orders made thereunder, especially the Foreigners Act, 1946 are adequate
to deal with the problem of detection, identification and deportation of
illegal immigrants.
The
Private Member’s Bill proposes to set up a National and State Commissions,
without providing for ground level mechanism for detection and identification
of illegal immigrants. If the exercise is to be carried out by the District
Police, there will be no change from the existing arrangement. Currently, the
SP of the District has been made responsible for detection, identification and
deportation of such persons.
18.00 hrs.
Adding additional layer of State
Commission through Civil Court process will only delay the final identification
and thereafter deportation.
