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All States, Union Territories can now set up Foreigners Tribunals
Why in news?
- Under the backdrop of NCR in Assam, Ministry of Home Affairs (MHA) has laid out specific guidelines to detect, detain and deport foreign nationals staying illegally across the country.
More in news
- What changes has been brought?(1) The MHA has amended the Foreigners (Tribunals) Order, 1964.(2) It has empowered district magistrates in all States and Union Territories to set up tribunals to decide whether a person staying illegally in India is a foreigner or not.(3) Earlier, the powers to constitute tribunals were vested only with the Centre.(4) The amended Foreigners (Tribunal) Order, 2019 also empowers individuals to approach the Tribunals.(5) Earlier only the State administration could move the Tribunal against a suspect
- Tribunals unique to Assam:(1) The tribunals are quasi-judicial bodies, unique to Assam, to determine if a person staying illegally is a “foreigner” or not.(2) In other parts, once a ‘foreigner’ has been apprehended by the police for staying illegally, he or she is produced before a local court under the Passport Act, 1920, or the Foreigners Act, 1946, with the punishment ranging three months to eight years in jail.(3) Once the accused have served the sentence, the court orders their deportation, and they are moved to detention centers till the country of origin accepts them.
- What 1964 order on Constitution of Tribunals said?(1) Central Government can refer the question as to whether a person is not a foreigner within meaning of the Foreigners Act, 1946 to a Tribunal to be constituted for the purpose, for its opinion.
Source
The hindu