Law of Immigration in India
Immigration provides numerous advantages and disadvantages for nations in various societies as reflected throughout history. Still, its advantages overwhelmingly overshadow any disadvantages. The diversity in culture incorporated through the assimilation of different languages, customs, ideologies, sentiments, religious views, traditions, and overall societal heritage only further facilitates intellectual advancement. This multifarious, multicultural melting pot, as manifested in American society, promotes transmission and diffusion of ideas fundamental to the foundation of democratic, libertarian thought. Democracy only thrives in a culturally diverse, heterogeneous society, where knowledge, learning, personal development, heightened awareness, and spiritual enlightenment assert prominence. When immigration laws encourage the emergence of cultural diversity, education often flourishes, producing a climate more conducive to international peace and prosperity.
Immigration (derived from Latin: migratio) is the act of foreigners passing or coming into a country for the purpose of permanent residence. Immigration is made for many reasons, including economic, political, family re-unification, natural disaster, poverty, or the wish to change one's surroundings voluntarily.
Immigration is the act of moving to or settling in another country or region, temporarily or permanently. An immigrant is usually someone who intends to reside permanently, and not a casual visitor or traveler. Immigration means "in-migration" into a country, and is the reverse of emigration, or "out-migration." The long term and/or permanent movement of the human population in general, whether into, out of, or within countries (or before the existence of recognized countries) is regarded as migration.
Immigration is the process of relocating permanently to a foreign country or the area in an airport or at the border where officials check the entry permits and documentation of people who are coming into a country
REASONS BEHIND IMMIGRATION:-
People immigrate for the following reasons:
professional,
political,
economic
persecution
sentimental (i.e., the desire to settle in a country due to personal preference; family reunification).
People move for a variety of reasons. They consider the advantages and disadvantages of staying versus moving, as well as factors such as distance, travel costs, travel time, modes of Transportation, terrain, and cultural barriers.
Push Factors: Reasons for emigrating (leaving a place) because of difficulty (such as a Food shortage, war, flood, etc.).
Pull Factors: Reasons for immigrating (moving into a place) because of something desirable (Such as a nicer climate, better food supply, freedom, etc.).
NEED FOR IMMIGRATIONAL STATUTES:-
As the society developed and the nation progressed the need of having certain fixed provisions regarding the rules and regulations of the immigration process was felt. The main reasons which lead to the formation of immigrational statutes can be listed as below:-
National Security - Foreigners who would harm the country cannot come here, but the definition of who that is changes with time. Once upon a time, it was like Communists and Nazis; now it's terrorists, for instance.
Public safety - Alien criminals may not enter the country legally or remain here except in extraordinary circumstances. At one time, protecting public morals was seen as a public safety issue, so prostitutes, polygamists, sexual deviates, and some others were not allowed to come here. The idea of public morality seems a quaint concept now, but once upon a time, it was important to us.
Public health - For decades carriers of contagious diseases or those afflicted with physical or mental diseases affecting their ability to support themselves were not allowed to enter the countries. To a large degree, most of those have fallen by the wayside in the actual application of the law, but they are still on the books.
SIGNIFICANCE:-
Immigration law determines the specific rights and duties of individuals aspiring entry into a foreign country, nation, or jurisdiction. A nation distinguishes itself by its borders, language, and culture. Hence, nations impose various regulations and restrictions to determine the lawful entry of aliens. These aliens then follow another mandated policy, as determined by a particular nation or country, to acquire the necessary citizenship.
LAWS RELATED TO IMMIGRATION:-
THE FOREIGN RECRUITING ACT, 1874
THE IMMIGRANTS (EXPULSION FROM ASSAM) ACT, 1950
THE IMMIGRATION (CARRIERS LIABILITY) ACT, 2000
THE IMMIGRATION (CARRIERS LIABILITY) AMENDMENT ACT, 2005
THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956
THE PASSPORT (ENTRY INTO INDIA) ACT, 1920
THE PASSPORT (ENTRY INTO INDIA) AMENDMENT ACT, 2000
THE PASSPORTS (AMENDMENT) ACT, 2002
THE PASSPORTS ACT, 1967
THE REGISTRATION OF FOREIGNERS ACT, 1939
THE IMMIGRATION (CARRIERS' LIABILITY) ACT, 2000
This Act was enacted by the Parliament of India in the year 2000 (51st year of the republic of India) and was named as The immigration (Carrier Liability) Act, 2000. This Act has its application throughout the whole India.
PURPOSE:-
This Act was enacted with a purpose to make the carriers liable in respect of passengers brought by them into India in contravention of the provisions of the Passport (Entry into India) Act, 1920, and the rules made thereunder and matters connected with it.
Definitions.-
The Act itself provides for the definitions of certain words that have been incorporated in various sections of this statute.
“Carrier" means a person who is engaged in the business of transporting passengers by water or air and includes any association of persons, whether incorporated or not, by whom the aircraft or the ship is owned or chartered;
" Competent Authority" means the civil authority appointed under subparagraph (2) of paragraph 2 of the
Foreigners Order, 1948 made under the Foreigners Act, 1946 (31 of 1946 ) or any other officer notified by the Central Government in this behalf;
”Prescribed" means prescribed by rules made under this Act.
Liability of carriers:-
When any carrier brings a person in contravention of the provisions of the Passport (Entry into India) Act, 1920 (34 of 1920) and rules made thereunder into India, then the competent authority may by order impose a penalty of rupees one lakh on such carrier under section 3 of this Act. But before passing the order of penalty an opportunity of being heard in the matter should be given to the carrier.
Appeals.-
Under section 4 of this Act, an appeal can be made within 30 days against the order passed under section 3 of this Act to the Joint Secretary to the Government of India in the Ministry of Home Affairs authorized in this behalf by that Government.
However, the period of appeal can be extended for a period of another 30 days by the appellate authority if the appellant shows sufficient cause of his prevention from filing the appeal. The appellate authority has the power to confirm, modify, or to revise the earlier order.
Default in paying penalty. –
When any penalty imposed under this Act is not paid by the carrier then the competent authority may, under section 5 of this Act, recover the penalty so payable by seizing, detaining or selling-
- The aircraft or the ship; or
- Any goods on the ship or aircraft, belonging to the carrier.
NO Bar of legal proceedings.-
Section 6 of this Act Favors the Authorities exercising powers under this Act as no suit, prosecution or other legal proceedings can be made against
-the Central Government, or
-the competent authority, or
-any officer of the Central Government, or
-any other person exercising any powers or discharging any functions or performing any duty in good faith under this Act.
Power to make rules.-
The Central Government may, by notification in the Official Gazette, make rules under section 8 of this Act which may provide for-
-The fees to be paid for appeals,
-any other matter which is required to be, or maybe, prescribed.
Power to remove difficulties.-
If any difficulty arises in giving effect to the provisions of the Act, the Central Government may, under section 10 of this Act, by order, do anything for the purpose of removing the difficulty. But that should not be inconsistent with the provisions of the said Act.
Immigration law constitutes the professional legal realm of international law. International law encompasses an extensive range of legal subdivisions, including immigration law, and specializes in the domain involving interactions between various nations. For immigration law, international law entails the transportation of aliens across borders and involves transnational issues regarding immigration, linguistic development, naturalization/citizenship, and employment opportunities, among other cultural/economic considerations
Immigration (derived from Latin: migratio) is the act of foreigners passing or coming into a country for the purpose of permanent residence. Immigration is made for many reasons, including economic, political, family re-unification, natural disaster, poverty, or the wish to change one's surroundings voluntarily.
Immigration is the act of moving to or settling in another country or region, temporarily or permanently. An immigrant is usually someone who intends to reside permanently, and not a casual visitor or traveler. Immigration means "in-migration" into a country, and is the reverse of emigration, or "out-migration." The long term and/or permanent movement of the human population in general, whether into, out of, or within countries (or before the existence of recognized countries) is regarded as migration.
Immigration is the process of relocating permanently to a foreign country or the area in an airport or at the border where officials check the entry permits and documentation of people who are coming into a country
REASONS BEHIND IMMIGRATION:-
People immigrate for the following reasons:
professional,
political,
economic
persecution
sentimental (i.e., the desire to settle in a country due to personal preference; family reunification).
People move for a variety of reasons. They consider the advantages and disadvantages of staying versus moving, as well as factors such as distance, travel costs, travel time, modes of Transportation, terrain, and cultural barriers.
Push Factors: Reasons for emigrating (leaving a place) because of difficulty (such as a Food shortage, war, flood, etc.).
Pull Factors: Reasons for immigrating (moving into a place) because of something desirable (Such as a nicer climate, better food supply, freedom, etc.).
NEED FOR IMMIGRATIONAL STATUTES:-
As the society developed and the nation progressed the need of having certain fixed provisions regarding the rules and regulations of the immigration process was felt. The main reasons which lead to the formation of immigrational statutes can be listed as below:-
National Security - Foreigners who would harm the country cannot come here, but the definition of who that is changes with time. Once upon a time, it was like Communists and Nazis; now it's terrorists, for instance.
Public safety - Alien criminals may not enter the country legally or remain here except in extraordinary circumstances. At one time, protecting public morals was seen as a public safety issue, so prostitutes, polygamists, sexual deviates, and some others were not allowed to come here. The idea of public morality seems a quaint concept now, but once upon a time, it was important to us.
Public health - For decades carriers of contagious diseases or those afflicted with physical or mental diseases affecting their ability to support themselves were not allowed to enter the countries. To a large degree, most of those have fallen by the wayside in the actual application of the law, but they are still on the books.
SIGNIFICANCE:-
Immigration law determines the specific rights and duties of individuals aspiring entry into a foreign country, nation, or jurisdiction. A nation distinguishes itself by its borders, language, and culture. Hence, nations impose various regulations and restrictions to determine the lawful entry of aliens. These aliens then follow another mandated policy, as determined by a particular nation or country, to acquire the necessary citizenship.
LAWS RELATED TO IMMIGRATION:-
THE FOREIGN RECRUITING ACT, 1874
THE IMMIGRANTS (EXPULSION FROM ASSAM) ACT, 1950
THE IMMIGRATION (CARRIERS LIABILITY) ACT, 2000
THE IMMIGRATION (CARRIERS LIABILITY) AMENDMENT ACT, 2005
THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956
THE PASSPORT (ENTRY INTO INDIA) ACT, 1920
THE PASSPORT (ENTRY INTO INDIA) AMENDMENT ACT, 2000
THE PASSPORTS (AMENDMENT) ACT, 2002
THE PASSPORTS ACT, 1967
THE REGISTRATION OF FOREIGNERS ACT, 1939
THE IMMIGRATION (CARRIERS' LIABILITY) ACT, 2000
This Act was enacted by the Parliament of India in the year 2000 (51st year of the republic of India) and was named as The immigration (Carrier Liability) Act, 2000. This Act has its application throughout the whole India.
PURPOSE:-
This Act was enacted with a purpose to make the carriers liable in respect of passengers brought by them into India in contravention of the provisions of the Passport (Entry into India) Act, 1920, and the rules made thereunder and matters connected with it.
Definitions.-
The Act itself provides for the definitions of certain words that have been incorporated in various sections of this statute.
“Carrier" means a person who is engaged in the business of transporting passengers by water or air and includes any association of persons, whether incorporated or not, by whom the aircraft or the ship is owned or chartered;
" Competent Authority" means the civil authority appointed under subparagraph (2) of paragraph 2 of the
Foreigners Order, 1948 made under the Foreigners Act, 1946 (31 of 1946 ) or any other officer notified by the Central Government in this behalf;
”Prescribed" means prescribed by rules made under this Act.
Liability of carriers:-
When any carrier brings a person in contravention of the provisions of the Passport (Entry into India) Act, 1920 (34 of 1920) and rules made thereunder into India, then the competent authority may by order impose a penalty of rupees one lakh on such carrier under section 3 of this Act. But before passing the order of penalty an opportunity of being heard in the matter should be given to the carrier.
Appeals.-
Under section 4 of this Act, an appeal can be made within 30 days against the order passed under section 3 of this Act to the Joint Secretary to the Government of India in the Ministry of Home Affairs authorized in this behalf by that Government.
However, the period of appeal can be extended for a period of another 30 days by the appellate authority if the appellant shows sufficient cause of his prevention from filing the appeal. The appellate authority has the power to confirm, modify, or to revise the earlier order.
Default in paying penalty. –
When any penalty imposed under this Act is not paid by the carrier then the competent authority may, under section 5 of this Act, recover the penalty so payable by seizing, detaining or selling-
- The aircraft or the ship; or
- Any goods on the ship or aircraft, belonging to the carrier.
NO Bar of legal proceedings.-
Section 6 of this Act Favors the Authorities exercising powers under this Act as no suit, prosecution or other legal proceedings can be made against
-the Central Government, or
-the competent authority, or
-any officer of the Central Government, or
-any other person exercising any powers or discharging any functions or performing any duty in good faith under this Act.
Power to make rules.-
The Central Government may, by notification in the Official Gazette, make rules under section 8 of this Act which may provide for-
-The fees to be paid for appeals,
-any other matter which is required to be, or maybe, prescribed.
Power to remove difficulties.-
If any difficulty arises in giving effect to the provisions of the Act, the Central Government may, under section 10 of this Act, by order, do anything for the purpose of removing the difficulty. But that should not be inconsistent with the provisions of the said Act.
Immigration law constitutes the professional legal realm of international law. International law encompasses an extensive range of legal subdivisions, including immigration law, and specializes in the domain involving interactions between various nations. For immigration law, international law entails the transportation of aliens across borders and involves transnational issues regarding immigration, linguistic development, naturalization/citizenship, and employment opportunities, among other cultural/economic considerations
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