India's Deportation Drive: Pushbacks, Detention, and Legal Framework Explained
Recent deportation and detention drives targeting undocumented migrants from Bangladesh in several Indian states, including West Bengal, have brought deportation laws into focus. The West Bengal government has reported deporting 4,800 undocumented migrants to Bangladesh over the past month and has established holding centres in border districts. Similarly, Gujarat police detained 362 undocumented Bangladeshi migrants under 'Operation Delta Hunt'. The central government has constituted a high-level committee on demographic change, emphasising its commitment to identifying and deporting every undocumented migrant.
These developments, along with Assam's advocacy of a 'pushback' policy for undocumented migrants from Bangladesh and Myanmar, including Rohingya, have raised questions about deportation procedures and refugee rights.
What is a pushback?
Deportation is a formal legal process involving detention, judicial or quasi-judicial proceedings, and coordination with the receiving country. In contrast, pushbacks refer to returning individuals across a border without formal legal procedures. The term 'pushback' does not have a statutory definition in Indian law, but recent government policy distinguishes between formal deportation and immediate return of foreign nationals intercepted at the border. The legality of pushbacks remains contested, particularly regarding nationality verification and procedural safeguards.
Who is an illegal migrant?
Under Section 2(1)(b) of the Citizenship Act, 1955, an 'illegal migrant' is a person who enters India without valid documents or overstays the permitted period, even if they entered with valid documents.
What are the laws around deportation?
In Assam, Section 6A of the Citizenship Act (from the Assam Accord) provides special provisions for persons of Indian origin who entered Assam between January 1, 1966, and March 25, 1971. Such persons may register for citizenship after a 10-year waiting period, during which they cannot vote but enjoy other rights. Those who entered after March 25, 1971, are liable for expulsion if found to be foreigners.
The Foreigners Act, 1946 (now repealed) and the Foreigners (Tribunals) Order, 1964, established tribunals to determine foreigner status. Individuals declared foreigners are liable for expulsion under the law. A saving provision ensures continuity of actions taken under the repealed law. The Passports Act, 1967, also assists in identification, allowing authorities to refuse, impound, or revoke passports of non-citizens.
The Immigration and Foreigners Act, 2025, has since replaced the Foreigners Act and other colonial-era laws, aiming to streamline deportation processes.
