Lok Sabha Question No. 332 (STARRED), answered on 2020-03-17
Subject: Illegal Infiltrators
Ministry: HOME AFFAIRS
Asked by: Anurag Sharma, Rajveer Diler

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA STARRED QUESTION NO. *332

TO BE ANSWERED ON THE 17 TH  MARCH, 2020/ PHALGUNA 27, 1941 (SAKA)

ILLEGAL INFILTRATORS

†*332. SHRI ANURAG SHARMA: SHRI RAJVEER DILER:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  whether  reports  regarding  the  presence  of  foreign  illegal  infiltrators  at various religious places and their activities continue to be published in the print media;

(b)  if  so,  whether  the  Government  proposes  to  issue  advisory  to  the  State Governments to prevent such infiltrators from residing at those religious places by constructing jhuggis and to check their activities;

(c) whether the Government proposes to advise the State Governments to take action against those in possession of fake documents;

(d)  whether  action  against  the  persons  or  employees  who  helped  them  in fabricating the said fake documents is also proposed to be advised; and

(e) if so, the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI NITYANAND RAI)

(a) to (e): A Statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN THE REPLY TO PARTS (a) TO (e) OF THE LOK SABHA  STARRED  QUESTION  NO.  332    FOR  17 TH   MARCH  ,  2020  REGARDING ILLEGAL INFILTRATORS.

(a) to (e):   There are reports regarding presence of illegal immigrants who have entered  into  the  country  without  valid  travel  documents  in  clandestine  and surreptitious  manner.  Some  of  them  are  also  illegally  staying  in  India  after expiry of their authorised stay.  Possibility of their staying in religious places may not be completely ruled out. Instances of violation of law and involvement in illegal activities by some illegal immigrants have also been reported.

All State Governments/UT Administrations have been advised to sensitize the  law  enforcement and intelligence agencies for taking appropriate prompt steps for identification of illegal migrants, their restriction to specified locations  as  per  provisions  of  law,  capturing  their  biographic  and  biometric particulars, and cancellation of fake Indian documents. They have been further advised to start legal proceedings including initiation of deportation proceedings as per provisions of law and to share with UIDAI the particulars of those illegal migrants who  have wrongfully obtained Aadhar Cards for appropriate legal action.

Detection  and  deportation  of  illegal  migrants  after  due  process  of nationality verification is a continuous process. Central Government has been vested  with  powers  under  Section  3(2)(e)  and  3(2)(c)  of the Foreigners Act,

## L.S.S.Q.NO 332 FOR 17.03.2020

1946  to  detain  and  deport  foreign  nationals  staying  illegally  in  the  country. Under  Section 5 of The  Passport (Entry into India) Act, 1920, Central Government may also by an order direct removal of any person from India who enters India without a valid passport. These powers of the Central Government stand entrusted to all the State Governments since 1958 under Article 258(1) of the  Constitution  of  India.    Further,  under  Article  239(1)  of  the  Constitution  of India, the Administrators of all the Union Territories have also been directed to discharge  the  functions  of  the  Central  Government  relating  to  the  aforesaid powers since 1958. Consolidated instructions regarding deportation /repatriation  of  foreign  nationals  have  been  issued  to  all  States  &  UTs  on 24.04.2014 and 01.07.2019.

Action against erring officials who help illegal immigrants in issuance of fabricated/false documents comes within the jurisdiction of the State Governments/Union Territory Administrations.

****