Lok Sabha Question No. 1170 (UNSTARRED), answered on 2021-07-27
Subject: Illegal influx of People
Ministry: HOME AFFAIRS
Asked by: S.R. Parthiban, Ravneet Singh

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1170

TO BE ANSWERED ON THE 27 TH  JULY, 2021/ SRAVANA 5, 1943 (SAKA)

ILLEGAL INFLUX OF PEOPLE

1170. SHRI PARTHIBAN S.R.: SHRI RAVNEET SINGH BITTU:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether the Government has asked States to check and prevent illegal influx of people from Myanmar reported recently;

(b)  if  so,  the  action  taken  by  the  States  thereon  and  if  not,  the  reasons therefor;

(c) the details of stand of the Governments on growing migration of people from Myanmar into our country; and

(d)  whether  the  Government  propose  to  provide  humanitarian  relief  to these  people  who  have  migrated  from  Myanmar  and  if  so,  the  details thereof and if not, the reasons therefor?

## ANSWER

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

(a) to (d): Foreign  nationals  who  enter  into  the  country  without  valid travel documents are treated as illegal immigrants.  India, as a matter of policy, does not support any kind of illegal migration.

In view of reports about illegal influx of Myanmar nationals into Indian Territory  due  to  internal  situation  in  Myanmar,  Central  Government  has issued  advisory to the State Governments of Manipur, Mizoram, Arunachal

Pradesh and Nagaland on 10.03.2021 to take appropriate action as per law to check the illegal influx from Myanmar into India.

Detention and deportation of illegal migrants after nationality verification is a continuous process. The powers of the Central Government under Section 3 of The Foreigners Act, 1946 to deport illegal foreign nationals and powers under Section 5 of The Passport (Entry into India)  Act,  1920  to  remove  an  illegal  foreigner  by  force  have  been entrusted under Article 258(1) of the Constitution of India to all the State Governments.  Further,  under  Article  239(1)  of  the  Constitution  of  India, Administrators of all Union Territories have also been directed to discharge the functions of the Central Government  relating to the aforesaid powers.  Central Government has issued instructions from time to time to all States & UTs regarding identification of illegal migrants and their deportation from India. Consolidated instructions regarding issues of overstay and illegal migration of foreign nationals have also been issued on 30.03.2021.

The State Governments / UT Administrations have been taking action against  illegal  immigrants  under  the  relevant  provisions  of  The  Passport (Entry into India) Act, 1920 and The Foreigners Act, 1946.

## L.S.US.Q.NO.1170 FOR 27.07.2021

As per the Constitutional scheme, India, as a sovereign nation, has the  first  and  foremost  constitutional  duty  and  obligation  towards  its citizens to ensure that demographic and social structure of the country is not changed to their detriment due to influx of illegal immigrants into the territory  of  India  and  resources  of  the  nation  are  utilised  to  fulfil  the fundamental rights of Indian citizens.

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