This Article is written by Devang Shukla, ILLEGAL IMMIGRATION TO INDIAN (THREATS TO INDIA’S NATIONAL SECURITY), Atal Bihari Vajpyee School of Legal Studies
Introduction: Illegal Immigration To India
Illegal immigration to India has been a significant issue for decades, shaping the country’s demographic, political, and social landscapes. this huge number of population is becoming a burden on the government due to which the natives of India
were suffers.
India, with its porous borders, shares boundaries with several neighboring countries, including Bangladesh, Nepal, Myanmar, and Pakistan. The influx of undocumented immigrants, particularly from Bangladesh, has raised concerns over national security, resource allocation, cultural integration, and economic strain. While many illegal immigrants enter India in search of better economic opportunities or to escape political persecution, their presence has sparked debates on border management, citizenship laws, and the impact on India’s internal stability.
This issue continues to be a focal point of political discourse, with wide-ranging implications for India’s sociolect-economic fabric and regional relationships.
A Legal Perspective on Illegal Immigration to India
Illegal immigration to India presents significant legal challenges, governed by several key laws such as the Foreigners Act, 1946 and the Citizenship Act, 1955, which provide the framework for regulating the entry, stay, and deportation of undocumented migrants. The Citizenship (Amendment) Act, 2019 (CAA), which offers a pathway to citizenship for non-Muslim immigrants from neighboring countries, has sparked intense legal and constitutional debates, particularly regarding its exclusion of Muslim immigrants and potential violation of the principle of equality. Additionally, the National Register of Citizens (NRC) aims to identify legal citizens, but has raised concerns over potential statelessness for those unable to provide sufficient documentation.
The Foreigners Tribunals, particularly in Assam, adjudicate the status of suspected illegal immigrants, yet face criticism for procedural fairness. Balancing the legal imperatives of national security, constitutional rights, and international human rights obligations remains a complex issue in addressing illegal immigration in India.
The Impact of UN-Lawful Border passing on India
Unlawful border crossings have a profound and multifaceted impact on India, affecting its security, economy, social fabric, and political landscape. One of the most critical consequences is the threat to national security, as illegal crossings can lead to the infiltration of militants, insurgents, and human traffickers, particularly in sensitive regions like Jammu & Kashmir and the northeastern states. The porous borders are exploited by extremist groups, leading to terrorism, arms smuggling, and drug trafficking, which destabilize internal security and strain law enforcement.
Economically, illegal immigration burdens public resources, especially in border states like Assam, West Bengal, and Tripura, where large numbers of undocumented migrants put pressure on infrastructure, healthcare, education, and social services. These regions already face developmental challenges, and the additional strain from illegal immigrants exacerbates the situation, often resulting in job competition between locals and migrants. Illegal immigrants, mostly employed in the informal economy, drive down wages and contribute to an increase in underemployment, which fuels local resentment and economic instability. This economic strain is also reflected in the costs associated with border management, deportation efforts, and refugee camps.
Demographically, unlawful immigration, particularly from Bangladesh, has resulted in significant shifts, particularly in northeastern states. This influx has led to ethnic tensions between local populations and immigrants, altering the socio-cultural balance of regions and often causing conflicts over resources such as land, employment, and political representation. The fear of being outnumbered by illegal immigrants has fueled protests and movements, like the Assam Movement in the 1980s, which called for the identification and deportation of undocumented migrants. Such demographic changes are also a point of contention in local politics, where political parties leverage these concerns to rally support and influence elections, deepening the socio-political divide.
Politically, the issue of unlawful border crossings has become a polarizing topic. Government measures like the National Register of Citizens (NRC) and the Citizenship (Amendment) Act (CAA), 2019 have attempted to address the situation, particularly in Assam, by identifying illegal immigrants and offering citizenship to certain non-Muslim minorities from neighboring countries. However, these policies have sparked widespread protests and legal challenges, with critics accusing the government of religious discrimination and violating constitutional principles like equality and secularism. The implementation of such laws has raised concerns about the potential statelessness of millions who are unable to prove their citizenship status, creating a humanitarian crisis.
On a humanitarian level, while unlawful border crossings are illegal, many of those who cross do so to escape persecution, poverty, or violence in their home countries. For instance, the influx of Rohingya refugees from Myanmar has posed a moral and legal dilemma for India, which is not a signatory to the 1951 Refugee Convention. India faces pressure to balance its security concerns with the rights and dignity of refugees and migrants, adhering to international human rights norms while protecting its national interests. In summary, the impact of unlawful border crossings on India is complex, requiring a careful balance between national security, economic stability, and humanitarian responsibility.
Case Study :-
India’s northeastern state of Assam has been at the forefront of legal debates over illegal immigration, especially from neighboring Bangladesh. The issue of immigration has long been a point of contention due to its social, political, and demographic impact on the state. Numerous cases, including ones involving individuals like Kuddus Ali, reflect larger concerns about protecting Assam’s demographic structure and securing its borders.
The Foreigners Tribunals have played a critical role in identifying illegal immigrants, determining their citizenship status, and addressing deportation concerns. These tribunals operate under India’s Foreigners Act, 1946, which enables the government to expel individuals deemed to have entered the country illegally. Cases like Kuddus Ali vs. Union of India reflect the increasing pressure on authorities to tackle illegal immigration while balancing human rights concerns.
Conclusion :-
Illegal immigration to India poses a multifaceted challenge that intertwines issues of national security, legal frameworks, and humanitarian concerns. The influx of undocumented migrants, particularly from neighboring countries like Bangladesh and Myanmar, has not only strained the nation’s resources but has also altered the demographic and socio-political landscape, especially in states like Assam. The existing legal frameworks, including the Foreigners Act, 1946, the Citizenship Act, 1955, and the recent Citizenship (Amendment) Act, 2019, highlight the government’s efforts to regulate immigration and uphold national security while igniting debates around constitutional rights and social justice.
The repercussions of unlawful border crossings are evident in various spheres—ranging from increased tensions between local populations and immigrants to the economic burden on public services and infrastructure. Furthermore, these challenges are exacerbated by political polarization surrounding immigration policies, which often influence public sentiment and electoral dynamics. The potential for statelessness due to inadequate documentation further complicates the landscape, raising urgent humanitarian concerns.
As India navigates this intricate issue, it is crucial to strike a balance between safeguarding national security and adhering to human rights obligations. Addressing illegal immigration effectively requires comprehensive policy responses that consider both the security imperatives and the humanitarian needs of those fleeing persecution and violence. Ultimately, fostering an inclusive dialogue that respects the dignity of all individuals while ensuring the stability and integrity of the nation will be essential in addressing the complex realities of illegal immigration in India.
References :-
https://www.lexisnexis.in
https://indiankanoon.org
https://www.pwc.in
https://www.researchgate.net
