| The Foreigners Act, 1946 | |
|---|---|
 | |
| Imperial Legislative Assembly | |
| |
| Citation | Act No. 31 of 1946 |
| Enacted by | Imperial Legislative Assembly |
| Enacted | 23 November 1946 |
| Amended by | |
| Act 35 of 1950 | |
| Status: Amended | |
The Foreigners Act, 1946 is an Act of the Imperial Legislative Assembly enacted to grant the certain powers to the Interim Government of India in matters of foreigners in India. The Act was enacted before India became independent.
The Act defines a foreigner as "a person who is not a citizen of India". Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person. According to the Foreigners (Report to the police) Order, 2001, made under the Foreigners Act 1946, where any person who has reason to believe that a foreigner has entered India without valid documents or is staying in India beyond the authorized period of stay accommodates such a foreigner in a premises occupied, owned or controlled by him, for whatever purpose, it shall be the duty of such a person to inform the nearest police station, within 24 hours, of the presence of such foreigner. [1]
The Foreigners Act empowers the Indian government to detain a person until deportation back to their country of origin. [2]
Indian nationality law details the conditions by which a person holds Indian nationality. The two primary pieces of legislation governing these requirements are the Constitution of India and the Citizenship Act, 1955.
The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983.
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.
British nationality law as it pertains to Hong Kong has been unusual ever since Hong Kong became a British colony in 1842. From its beginning as a sparsely populated trading port to today's cosmopolitan international financial centre and world city of over seven million people, the territory has attracted refugees, immigrants and expatriates alike searching for a new life.
The history of Canadian nationality law dates back over three centuries, and has evolved considerably over that time.
The Assam Movement (1979–1985) was a popular uprising in Assam, India, that demanded the Government of India detect, disenfranchise and deport illegal aliens. Led by All Assam Students Union (AASU) and All Assam Gana Sangram Parishad (AAGSP) the movement defined a six-year period of sustained civil disobedience campaigns, political instability and widespread ethnic violence. The movement ended in 1985 with the Assam Accord.
Since its independence in 1947, India has accepted various groups of refugees from neighbouring countries, including partition refugees from former British Indian territories that now constitute Pakistan and Bangladesh, Tibetan refugees that arrived in 1959, Chakma refugees from present day Bangladesh in early 1960s, other Bangladeshi refugees in 1965 and 1971, Sri Lankan Tamil refugees from the 1980s and most recently Rohingya refugees from Myanmar. In 1992, India was seen to be hosting 400,000 refugees from eight countries. According to records with the Union Ministry of Home Affairs, as on January 1,2021, there were 58,843 Sri Lankan refugees staying in 108 refugee camps in Tamil Nadu and 54 in Odisha and 72,312 Tibetan refugees have been living in India.
The Illegal Migrants (IMDT) Act was an Act of the Parliament of India enacted in 1983 by the Indira Gandhi government. It was struck down by the Supreme Court of India in 2005 in Sarbananda Sonowal v. Union of India.
Bhutanese nationality law is the law governing the acquisition, transmission and loss of Bhutanese citizenship. The Bhutanese Citizenship Act of 1985 was introduced by the Druk Gyalpo Jigme Singye Wangchuck, on June 10, 1985, modifying the definition of a Bhutanese citizen. The Act was implemented as part of a new national policy of Driglam Namzha, national customs and etiquette. Because of its emphasis on Bhutanese culture, the Act is also referred to as the "One Nation, One People Act." The 1985 Act was amended by the Immigration Act of 2007 and then superseded in 2008 by the Constitution of Bhutan insofar as previous laws are inconsistent; where not inconsistent, the provisions of the 2007 Act, the 1985 Act, and previous Acts relating to immigration continue in effect.
The National Security Act of 1980 is an act of the Indian Parliament promulgated on 23 September 1980 whose purpose is "to provide for preventive detention in certain cases and for matters connected therewith". The act extends to the whole of India. It Contains 18 sections. This act empowers the Central Government and State Governments to detain a person to prevent him/her from acting in any manner prejudicial to the security of India, the relations of India with foreign countries, the maintenance of public order, or the maintenance of supplies and services essential to the community it is necessary so to do. The act also gives power to the governments to detain a foreigner in a view to regulate his presence or expel from the country. The act was passed in 1980 during the Indira Gandhi Government.
Overseas Citizenship of India (OCI) is a form of permanent residency available to people of Indian origin and their spouses which allows them to live and work in India indefinitely. It allows the cardholders a lifetime entry to the country along with benefits such as being able to own land and make other investments in the country.
Foreigner registration is a mandatory requirement by the Government of India under which all foreign nationals visiting India on a long term visa are required to register themselves with a Registration Officer within 14 days of arriving in India. Pakistani nationals visiting India are required to register within 24 hours of arrival regardless of the duration of their stay. Foreign children below the age of 16 are exempt from registration requirements.
The Immigration and Nationality Technical Corrections Act of 1994, Pub. L.Tooltip Public Law 103–416, 108 Stat. 4305, enacted October 25, 1994, was an act by the United States Congress "to amend title III of the Immigration and Nationality Act to make changes in the laws relating to nationality and naturalization." Introduced by Romano Mazzoli, the act amended the Immigration and Nationality Act by allowing the acquisition of United States citizenship from either parent for persons born abroad to parents, only one of whom is a United States citizen.
D voter, sometimes also referred to as Dubious voter or Doubtful voter is a category of voters in Assam who are disenfranchised by the government on the account of their alleged lack of proper citizenship credentials. The D voters are determined by special tribunals under the Foreigners Act, and the person declared as D voter is not given the elector's photo identity card. In 2011, the Gauhati High Court ordered the D voters to be transferred to Foreigners Tribunals set up under Foreigners Tribunal Order 1964 and be kept in detention camps. The Bengali Hindus who migrated from East Pakistan and Bangladesh before and after 1971 and Bengali Muslims in Assam are affected by this categorization. According to Sudip Sarma, the publicity secretary of the Assam unit of the Nikhil Bharat Bangali Udbastu Samanway Samiti, there are 6 lakh Bengali Hindu D voters in the state.
The Nationality Act of 1940 revised numerous provisions of law relating to American citizenship and naturalization. It was enacted by the 76th Congress of the United States and signed into law on October 14, 1940, a year after World War II had begun in Europe, but before the U.S. entered the war.
The National Register of Citizens for Assam is a registry (NRC) meant to be maintained by the Government of India for the state of Assam. It is expected to contain the names and certain relevant information for the identification of genuine Indian citizens in the state. The register for Assam was first prepared after the 1951 Census of India. Since then it was not updated until the major "updation exercise" conducted during 2013–2019, which caused numerous difficulties. In 2019, the government also declared its intention of creating such a registry for the whole of India, leading to major protests all over the country.
An illegal immigrant in India is a foreigner who has entered India either without valid documents or who initially had a valid document, but has overstayed beyond the permitted time, as per the general provisions of the Citizenship Act as amended in 2003. Such persons are not eligible for citizenship by registration or naturalisation. They are also liable to be imprisoned for 2–8 years and fined.
The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act, 1955 by providing an accelerated pathway to Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh and Pakistan who are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians, and arrived in India before the end of December 2014. The law does not grant such eligibility to Muslims from these countries. The act was the first time that religion had been overtly used as a criterion for citizenship under Indian law, and it attracted global criticism.
The National Register of Citizens (NRC) is meant to be a register of all Indian citizens whose creation was mandated by the 2003 amendment of the Citizenship Act, 1955. Its purpose is to document all the legal citizens of India so that the illegal immigrants can be identified and deported. It has been implemented for the state of Assam starting in 2013–2014. The Government of India announced plans to implement it for the rest of the country in 2021, but it has not yet been implemented.
The Citizenship (Amendment) Act, 2003 was passed by the Parliament of India in December 2003, and received presidential assent in January 2004. It is labelled "Act 6 of 2004".
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