On the backfoot

Faced with a sharp reaction, the Union Home Ministry is now weighing the pros and cons of modifying its order, says Vinay Kumar.

THE FOREIGNERS (Report to Police) Order, 1971 - notified by the Centre on December 14 that year - was meant to be an emergency measure after the creation of Bangladesh to check the huge influx of refugees from there. The Union Government exercised its powers, taking refuge under another archaic law - Section 3 of the Foreigners Act, 1946.

``Every householder or other person shall report to the officer- in-charge of the nearest police station about the arrival or presence in his household or in any premises occupied by him or under his control of any foreigner, if he knows or has reasons to believe that he is a foreigner,'' the Order said.

Simply put, the Order makes it mandatory for citizens to inform the police about the presence of foreign citizens in their homes.

With this background, the Order was reiterated in 1985 and again made public last month by the Union Home Ministry through newspaper advertisements. Without any serious thought given by the higher authorities in the past on the implementation of the Order, to say the least, the latest reiteration by the Home Ministry appeared to be surprising, absurd and outdated. It simply meant adding yet another law to the statute book, particularly so when the winds of globalisation, free trade, travel and tourism are blowing across geographical barriers.

In this scenario, the Home Ministry's reiteration of the Order made little sense, sounded out of tune with the ground realities, looked firmly rooted in routine bureaucratic practice and was ill-conceived. The Ministry took refuge under ``national security interests'' for the lame law on foreigners. It said the law was meant to deter illegal entry of foreigners into the country as there had been a large influx from Pakistan, Bangladesh and Afghanistan in the recent past and many of them had also indulged in subversive activities.

Faced with a sharp reaction, the Home Ministry is now reconsidering the order and weighing the pros and cons of modifying it. Senior officials of the Ministry have already met and re-examined the order. Inter-ministerial consultations have also been held and the Union Law Ministry has been posted with details to elicit its final view. It is likely that the order would be modified soon to make it area and country-specific.

This brings us to the vital question. Was the order ever enforced and did it prove to be of any help in checking the illegal stay of foreigners, particularly Pakistanis, Bangladeshis and Afghans in the country? By the Union Home Ministry's own admission, nearly 11,000 Pakistani nationals are overstaying illegally in different parts of the country and the number of such Bangladeshis is stated to be alarmingly high. So, what was the need for reiteration of such an archaic measure? Already, the hotels and guest houses maintain a register of guests and the immigration authorities keep a check on who is entering the country on a valid passport. All Indian missions and embassies abroad are alerted from time to time against persons who have adverse entries against their names which disqualify them for a visa to India.

Even if the security concerns are perfectly in order and legitimate, given the changing security scenario in our neighbourhood and the prevailing situation in Jammu and Kashmir and the Northeast, the Government would do better to put its security agencies and intelligence apparatus in order.

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Section  : Opinion
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