Lok Sabha Question No. 2691 (UNSTARRED), answered on 2023-12-19
Subject: Detention of Women and Children
Ministry: HOME AFFAIRS
Asked by: D. Ravikumar

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2691

TO BE ANSWERED ON THE 19 TH  DECEMBER, 2023/ AGRAHAYANA 28, 1945 (SAKA)

Detention of Women and Children

2691. SHRI RAVIKUMAR D.:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  whether  the  refugee  women  and  children  have  been  put  in  long-term detention in bordering States of the country;

(b) if so, the reasons behind retaining such refugee women and children;

(c)  whether  the  Government  has  taken  measures  to  ensure  that  refugee women  and  children  are  provided  with  basic  health  and  educational facilities in holding centers;

(d) if so, the details thereof; and

(e)  if  not,  whether the  Government is undertaking steps to release these detained women and children?

ANSWER

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

(a) to (e)  India is not a signatory to the 1951 UN Convention relating to the  Status  of  Refugees  and  the  1967  Protocol  thereon.  All  foreign nationals  (including  refuge  seekers)  are  governed  by  the  provisions contained in The Foreigners Act, 1946, The Registration of Foreigners Act, 1939, The Passport (Entry into India) Act, 1920 and The Citizenship Act, 1955, and rules and orders made thereunder.

Central  Government  has  been  vested  with  powers  under  Section 3(2)(e)  and  3(2)(c)  of  the  Foreigners  Act,  1946  to  restrict  movements  of and deport foreign nationals staying illegally in the country. These powers of  the  Central  Government  have  also  been  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 the Union  Territories  have  also  been  directed  to discharge  the functions of the Central  Government  relating to the aforesaid powers since 1958.

Detection  of  illegally  staying  foreigners  and  deportation  to  their native  country is  a  continuous  and  on-going  statutory  process  under  the foreigners  Act,  1946  and  the  Passport  (Entry  into  India)  Act,  1920.  Such illegal foreigners can be deported only after verification of their nationality from  their  native  country.  Till  such  time  their  nationality  is  verified  and travel documents are issued, movements of such foreigners may have to be restricted in a holding centre/ detention centre.

In  pursuance  of  the  orders  of  the  Hon'ble  Supreme  Court  of  India dated 12.09.2018 and 20.09.2018 in I.A. No. 105821/2018 in W.P. (Civil) No. 406/ 2013  filed  by  Collaborative  Network   for   Research  and  Capacity

Building,  Guwahati,  Ministry  of  Home  Affairs  had  prepared  a  Model Detention  Centre/Holding  Centre  Manual  in  consultation  with  various stakeholders  and  this  was  circulated  to  all  State  Governments/  UT Administrations  on  09.01.2019  for  implementation.  The  Detention  Centre Manual provides that such holding centres/ detention centres should have adequate  provision  for  medical  attendance  for  the  detainees.  It  also provides that the children lodged in the detention centre may be provided educational facilities by admitting them in local schools nearby.

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