Did Indians Deported by the US Violate Indian Laws Too?

Introduction

Illegal immigration is a global issue, and every nation has laws prohibiting unauthorized foreign entry. Recently, the United States deported 104 Indian nationals as part of a large-scale crackdown on illegal immigration. However, this raises an important question: Did these deported individuals and other undocumented Indian immigrants in the US also violate Indian laws?

Reports indicate that there are over 7,25,000 undocumented Indian immigrants in the United States. While they have violated US immigration laws, their actions may also fall under the purview of certain Indian laws governing emigration and international travel.

Violation of US Immigration Laws

In the United States, illegal immigrants violate 8 U.S. Code Section 1325, which criminalizes:

• Unlawful entry into the United States.

• Entry by fraud, such as through fraudulent marriages to evade immigration laws.

• Entry with an intent to engage in unauthorized commercial activities.

Deportation is a legal process under US law wherein individuals who have violated immigration regulations are removed from the country. The recent deportations are part of a broader effort by the US government to enforce stricter immigration policies.

Indian Laws Governing International Travel

India has three primary laws governing emigration and international travel that impose penalties for unauthorized migration:

1. The Emigration Act, 1983

2. The Passports Act, 1967

3. Section 336 of the Bharatiya Nyaya Samhita (BNS), which replaced the Indian Penal Code (IPC) and deals with forgery-related offenses.

1. The Emigration Act, 1983

This Act regulates emigration for employment purposes and aims to protect Indian workers from exploitation abroad. Violations include:

• Leaving the country without proper authorization: Individuals who emigrate without obtaining the necessary permissions or clearances can face legal consequences.

• Providing false information for emigration: As per Section 24(c) of the Act, it is illegal for anyone to furnish false details or omit crucial facts to obtain an emigration certificate, permit, or clearance.

• Forgery and tampering with emigration documents: Under Section 24(d), altering emigration-related documents without authorization is an offense. Unauthorized modifications of certificates, permits, or endorsements of emigration clearance are punishable under this Act.

2. The Passports Act, 1967

The Passports Act governs the issuance, renewal, and misuse of passports. Violations include:

• Obtaining a passport under false pretenses.

• Using fraudulent documents to secure a visa or travel clearance.

• Failure to return to India after the expiration of a visa or travel permit, if required.

3. Section 336 of the Bharatiya Nyaya Samhita (BNS)

This section addresses forgery and fraudulent documentation:

• "Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to a fine."

• Many illegal immigrants use forged documents to secure employment or residency in foreign countries, which may be punishable under this section upon their return to India.

Bilateral Arrangements on Deportation

Deportations are often carried out based on bilateral agreements between two countries. These agreements are usually diplomatic and are not disclosed publicly. However, mass deportations involving harsh treatment can violate international human rights laws.

International Human Rights Considerations

• The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984) prohibits inhumane treatment of deported individuals.

• The International Covenant on Civil and Political Rights (ICCPR) (1976) protects deportees from degrading treatment.

• Article 7 of the ICCPR states: "No one shall be subjected to torture or cruelty, inhuman or degrading treatment or punishment."

• Article 10 of the ICCPR states: "All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person."

• In India, the Supreme Court has ruled that handcuffing violates Article 21 of the Indian Constitution, which guarantees the right to dignity, except in extreme circumstances.

India’s Role in Deportation Cases

The Ministry of External Affairs (MEA) of India has stated that a foreign country can deport an individual if they violate that country's immigration laws. The Indian Embassy or Consulate generally has limited authority to intervene in such deportations.

However, if an Indian citizen believes they are being unfairly deported, they can appeal to the Indian Embassy or Consulate, which may assist in bringing the issue to the attention of local immigration officials.

Challenges and Measures to Prevent Unauthorized Migration

The Indian government is working to enforce new immigration policies to ensure safe, legal, and orderly migration for employment purposes. Some of these measures include:

• Enhancing transparency in foreign employment placements.

• Cracking down on fraudulent recruitment agencies and travel agents involved in illegal migration.

• Regularly updating the e-Migrate Portal with information on unauthorized agents.

Conclusion

While the deportation of Indian nationals from the US is primarily a matter of US immigration law, it is likely that many undocumented immigrants may have also violated Indian laws. The Emigration Act, the Passports Act, and the Bharatiya Nyaya Samhita contain provisions that could be applied to individuals who leave India through unlawful means.

Given the increasing cases of Indians being detained abroad due to fraudulent employment offers and unauthorized migration, stricter regulations and enforcement mechanisms are necessary. The Indian government’s efforts to regulate emigration and prevent illegal migration are steps in the right direction to safeguard its citizens from exploitation and legal repercussions abroad.

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Article Compiled by:-

~Prerna Yadav

(LegalMantra.net Team)

Disclaimer: Every effort has been made to avoid errors or omissions in this material in spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition In no event the author shall be liable for any direct indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information Many sources have been considered including Newspapers, Journals, Bare Acts, Case Materials , Charted Secretary, Research Papers etc.