Dr.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

ACADEMIC SESSION: 2024-2025

CITIZENSHIP AND EMIGRATION LAW

“Socio-Legal Output of India’s Immigration Policy”

Submitted To: Submitted By:

Dr. Rajneesh Kumar Yadav Vanshita Gupta

Associate Professor 2001011153
RMLNLU, Lucknow IX Semester, B.A.LL.B. (Hons.)
 TABLE OF CONTENTS

INTRODUCTION ..................................................................................................................... 4

TRENDS OF IMMIGRATION IN INDIA ................................................................................ 5

ISSUES AND CHALLENGES AS A DESTINATION COUNTRY ......................................... 6

PROBLEMS FACED BY IMMIGRANTS................................................................................ 8

4.1 Borders became avenues of Harassment and exploitation: .............................................. 8

4.2 Identity Crisis: .................................................................................................................. 8

4.3 Victimized to Physical Harassment, Sexual abuse and Trafficking: ................................ 9

4.4 Prone to fatal diseases like HIV/AIDS and perpetual social discrimination: .................. 9

4.5 Deprived of Education: .................................................................................................... 9

4.6 Easy Victims to Exploitation:........................................................................................... 9

4.7 Human Rights Violation:................................................................................................ 10

4.8 India's Policy attitude towards International Migration: ................................................ 10

THE STEP AHEAD ................................................................................................................. 11

5.1 Regulate the International border: .................................................................................. 11

5.2 Provide Legal Identity .................................................................................................... 11

5.3 Issues of Deportation ..................................................................................................... 12

5.4 Recognize the contribution ............................................................................................ 12

5.5 Ratify relevant UN Convention related to International Migration ............................... 12

5.6 Utilizing the Platform of Regional organization ............................................................ 13

5.7 Prevent Migration by Capacity Building ....................................................................... 13

CONCLUSION ........................................................................................................................ 14

BIBLIOGRAPHY .................................................................................................................... 14
 ACKNOWLEDGEMENT

I would like to use this opportunity to extend my heartiest gratitude to all the people who have
helped me develop this project. First and foremost, I would like to thank Dr. Rajneesh Kumar
Yadav, who has been constantly supporting me, guiding me, and helping me with all my queries
and difficulties regarding this project since its fledgling stage. Without his enthusiasm,
inspiration, and efforts to explain even the toughest of jargon in the most lucid manner, the
successful inception of this project would have been a herculean task. Next, I would like to
thank the librarians of Dr. Madhu Limaye Library for helping me to find the correct resources
for my research and for helping me enrich my knowledge. Finally, I would like to extend my
gratitude to my batch mates and seniors for providing me with some unique ideas and insights
which helped me make this project even better. I know that despite my sincerest efforts some
discrepancies might have crept in, I hope and believe that I would be pardoned for the same.

Thanking You,

Vanshita Gupta
 INTRODUCTION

Migration is a social phenomena of movement of people individually or in a group across the

international borders or with in a state. The cause and driving forces behind this phenomena is
multi dimensional ranging from political, economic, social and cultural factors. Though there
is no universally accepted definition of the term ‘migrant’, it is widely acknowledged that
migrant is the one who has moved across the borders voluntarily owing to variety of factors.
One effort was made by United Nations Organization to define ‘Migrant’ as a person who has
stayed in the foreign country more than one year irrespective of the mode he had chosen to
enter the foreign country and the rationale behind the movement.1

This paper seeks to critically analyze India's immigration policy, focusing on the socio-legal
challenges faced by immigrants, particularly those in the informal labor sector. The lack of a
cohesive, organized immigration policy and the subsequent marginalization of migrants in
India calls for urgent attention. With cross-border migrants contributing significantly to the
economy—particularly in unorganized sectors such as construction, domestic work, and
smallscale trading—the need for policy reform is evident. The study also highlights the
importance of recognizing the human and economic potential of migrants, rather than viewing
them solely through the lens of security and legality.

By addressing the key issues faced by immigrants—such as legal identity, protection against
exploitation, access to social services, and the recognition of their contributions—India has the
potential to not only safeguard its borders but also integrate immigrants into its socio-economic
fabric, thereby strengthening the nation as a whole.

1
http://www.unesco.org/new/en/social-and-human-
sciences/themes/internationalmigration/glossary/migrant/
 TRENDS OF IMMIGRATION IN INDIA

India is a very well recognized source country contributing wide variety of manpower and
human resources to the international community ranging from low-skilled workers and artisans
to professional and international students. From centuries, India is a well known source of
immigrants contributing to 25 million population ranking second as per 2012-2013 annual
report. 2 The Indian diaspora comprises of diverse sects ranging from low skilled workers,
artisans, professionals and students. The destination to our diaspora is two directional. The
professional, service and student sects are generally attracted to developed countries like
United States of America, Europe, and Australia etc, where as the low and semi skilled workers
and artisans are choosing the Gulf, which is hub of oil extraction. India as a source of
immigrants is one side of the story. The main aim of the paper is to highlight the other side of
coin i.e., India as the favorable destination to foreign immigrants. India plays the role of hub
to foreign immigrants mainly coming from southern part of the Asia and also from other
countries of the world to some extent. As per the United Nations database,3 India acts as a hub
to 5.4 million international migrants securing 8th rank. Thus India is giving place to 2.3% of
total international migrants exists in the World.4 Thus this paper proposes to have a paradigm
shift in the thought of seeing India as mere 'hinterland', where the advanced and oil rich
countries come and recruit, rather it is similarly important to recognize it as a hub where in
large number of international migrants get attracted to.

2
Ministry of overseas Indian affairs, government of India annual report 2012-2013
3
United Nations, “Trends in international migrant stock; the 2008 revision”, 2009
4
United Nations, “International migration 2013: Migrants by origin and destination”, 2013
 ISSUES AND CHALLENGES AS A DESTINATION COUNTRY

India as a destination to many international immigrants can be witnessed from medieval period.
The famous Aryan, Mughal and European invasions has resulted in settlements of many
foreigners on our land. But the most modern and organized immigration is witnessed after
1947 India-Pakistan Partition and 1971, formation of new country called Bangladesh. India
being relatively strong economy and stabilized political set up has attracted many immigrants
from Pakistan and Bangladesh for their livelihood. A careful observation of trends of cross-
border migration in Indian subcontinent reveals a regional phenomena mainly facilitated by
contiguous borders. The data collected by Government of India in 2001 census confirms that
out of 5.1mn of total stock of cross-border immigrants, 60% i.e., 3 million are hailing from
Bangladesh which makes the Bangladesh-India corridor 4th busiest corridor with respect to
cross-border migration across the World and 1st among the South. Pakistan and Nepal which
are also connected to India through contiguous borders contributes 0.9 mn and 0.5 mn
immigrants respectively according to 2001 census. The other countries of Asia which are acting
as source countries of migrants to India are Sri Lanka, Myanmar, UAE and China. Outside
Asia, it is Africa which is acting as source country of immigrants to India. A very small
contribution of 1% is made by west i.e., Europe, America etc.

India has become favorite destination to low and semi skilled workers of Bangladesh and
other underdeveloped countries belong to Asia, where as professionals from these countries
are getting attracted to North part of the globe. Thus, the main components of India’s cross
border immigrants are low and semi skilled labors from under-developed countries of Asia.
As already said and discussed that India has become the favorite destination to many
countries of South Asia owing to common colonial history, contiguous borders and cultural
and linguistic affinities. On the other hand, the partition of 1947 and 1971 Bangladesh
formation has given rise to many tensions like communal conflicts, political instability and
social disorders in those countries.5 Thus the main factors behind migration are multi
dimensional ranging from political, social, communal and economic reasons. It is very apt to

5
Bharadwaj, Prashant et al., “The Big march:Migratory Flows after the Partition of India” Economic and Political
Weekly, 2008, pp.39-49
categorize these factors into Push and pull factors. For instance, in case of Bangladesh to
India migration, the push factor constitutes heavy population growth, religious
fundamentalism, inability to repay debts, lack of industrial growth, weakened employment
opportunities, political instability, lack of substantial economic development and low
standards of living. The pull factors with respect to India constitute consistent economic
growth, relative higher standards of living, political stability and labor rich industries
providing employment opportunities.

It is important to know that, the contribution made by the people migrated out of India has
been well identified and recognized where as the contribution made by the cross-border
immigrants to India has been perpetually under-mentioned and unspoken of. This area has not
been properly analyzed, tapped and documented.

This paper mainly aims to critically analyze the existing legal and social issues with respect
to international immigration and India being hub to many international immigrants. Here the
attempt is made to highlight the point that though immigration in larger sense is threat to
domestic stake holders, it is wise as well as humane to look the issue in more positive point
of view and our policy must aim to positively tap the contribution of immigrants by providing
necessary legal recognition, protection with minimum regulatory checks and balances.

Cross-border immigrants are playing multi-dimensional role of contributing in economic

activity of the country as well as adding to social and cultural diversity. The point of concern
here is, the major extent of international immigrants are confined to informal sector as labor
in construction sector, domestic helps, bar attendants, cleaners, workers in restaurants, small
traders etc. Since their contribution is restricted to informal sector which is featured by
informal wage payment modes without any organized financial institutions channel, it has
become very difficult to quantify their actual effort and real share in GDP and broader
economic activity of the country. Therefore the immediate initiative of the Government of
India must be to develop rational data base of the cross border immigrants and recognize and
quantify the actual contribution made by the international migrants to our Indian economy.
 PROBLEMS FACED BY IMMIGRANTS

Though there are ample numbers of opportunities and avenues to the cross-border immigrants
in India, majority of them are becoming victims to harassment, exploitation and torture.
Physical, economic and social exploitation by middlemen, societal ill-treatment, lack of legal
recognition, sexual harassment against women immigrants, exploitation by Border security
forces, lack of enrollment in Indian financial system has been showing a thorny picture to the
cross-border immigrants. Their illegal status is adding fuel to the problem by depriving them
social, legal and economic protection against exploitation. Following are the problems faced
by the cross-border immigrants in destination India.

4.1 Borders became avenues of Harassment and exploitation:

The first step in international migration to enter India is crossing the porous borders. In case of
Bangladesh, these illegal migrants for entering India fall victim to the exploitation by Border
Security forces and brokers. Migrants have to offer bribes to please them for getting an entry.
Sometimes, they also fall victim for thefts, extortion and other heinous crimes like Murder and
Rape. The Human rights watch report released in 2010 has revealed that almost
347 Bangladeshis and 164 Indians had died since 2006.6

4.2 Identity Crisis:

The major problem associated with respect to international migration is identity crisis. In many
instances the Bangladeshi workers will neither have their domestic identity nor India identity
obviously. Due to this identity crisis, they are deprived of many financial, legal, judicial, social
and economic facilities. Since they are estranged by their domestic countries and not legally
recognized by India, they cannot be part of Indian Banking system and no Government social
developmental programs like MNREGA or educational and social security schemes can come
to rescue them. Lack of awareness of their rights and grievance redressal avenues had made
the situation more worse.

6
Human Rights watch, “Trigger happy : Excessive Use of Force by Indian Troops at the Bangladesh
Border”, New York Human Rights watch, 2010
 4.3 Victimized to Physical Harassment, Sexual abuse and Trafficking:

Women immigrants has become most vulnerable to harassment, sexual abuse, and torture and
trafficking by middle men and border security forces. In many instances, women immigrants
are ending up in prostitution.

4.4 Prone to fatal diseases like HIV/AIDS and perpetual social discrimination:

Many studies have linked migration to vulnerability of being prone to diseases like HIV. If we
take the case of Nepal, many socio-medical studies suggests that HIV is amassed in some sects
like Sex workers, trans-gender population and migrants predominantly.7 Same is the case with
Bangladesh, where many cases of HIV have been identified in the migrant population.8 Thus
they are falling victims to dangerous diseases associated with social outcast and discrimination.

4.5 Deprived of Education:

The spectrum of illegal migration gives birth to the vicious cycle of illiteracy. Along with basic
reasons like lack of financial resources and awareness, mobility nature of their labor and lack
of proper identity such as birth certificate, residential proof etc., are cumulatively contributing
to the poorest enrollment of their children in the education system. This is not only depriving
the sustainable development of the migrants, but also throwing the generations in the clutches
of darkness of illiteracy.

4.6 Easy Victims to Exploitation:

As we know the major cause of concern is being illegal migrants, they will not be granted any
legal identity. This will deprive them from being joining in the main economic stream. Hence
they cannot be part of banking system and associated money transactions. Therefore they are
fated to have transactions in cash only which is also associated with the reason of being
engaged in unorganized sector. This poses a grey area where they are falling victims to the

7
Mangalesan, “Nepal:Migration Main Factor for HIV Prevalence in West “, 2011
8
UNDP, “No Safety Signs Here:Research Study on Migration and Vulnerability from seven South and
North East Asian Countries”, 2004
exploitation by the employers and middlemen. They are often victimized to theft, misplacement
and misappropriation.

4.7 Human Rights Violation:

Human rights violation can be highly observed in the case of migrants owing to their lack of
proper identity, awareness and capability to engage in the police and judicial system. The
inability of illegal migrants to give police complaints has been cashing by the employers,
middlemen and other violators to make them subject to many offenses. They are often seen
victims of sexual harassment, meager wage payments, high rents, scanty leaves and ill
treatment. They are even denied of humane accommodation and basic utilities such as drinking
water, sanitation and electricity.

4.8 India's Policy attitude towards International Migration:

India has adopted a twisted policy on international migrants. The last two decades has
witnessed the pro-activeness in the Indian immigration policy with respect to the Indian
nationals migrated to Global north and Gulf countries. It has been very zealous and enthusiastic
in the matters of foreign immigration policies, providing socio-legal securities in the foreign
land etc. India has been part of many bilateral agreements and other proposals to ensure safety,
security and development of its nationals in the foreign lands. On the other hand, India has
been miserably failed in providing an organized framework for those who are migrating from
the neighboring countries of the sub-continent. India which is supposed to play a responsible
role towards the cross-border migrants, who are hoping India to be a suitable destination for
their livelihoods, is just showing a casual concern towards immigration policy. This skewed
attitude of India is manifested from the fact that there is no well crafted migration policy or
guidelines to handle the situation. There is also lack of institutionalized approach and
mechanism to implement any activities that benefit the immigrants. The damning picture is
witnessed from the fact that, even there is no proper statistics and data on the immigrants and
the associated factors. This is even most neglected area of work in academic and other research
fields.
 THE STEP AHEAD

It is clear from the above discussion that India is always a favorite destination for many
immigrants from the down south and especially from countries like Nepal and Bangladesh.
Though it has benefited some migrants, many unfortunate happenings such as exploitation, ill
treatment, harassment and human rights violations has sketched a black mark on the Indian
policy on immigration. India has consistently failed to show humane approach in joining them
in mainstream and neglected their contribution in the economic development. India has gained
criticism of having double standards in their immigration policy by showing very active
concern to the emigrants and a very perfunctory outlook toward the immigrant population.
Therefore it is need of the hour to make things correct by dealing sensitively with the issue of
immigration and live up to the standards of welfare state. Following are some suggestions for
an effective immigration policy.

5.1 Regulate the International border:

Many a times legalizing the illegal act brings relatively more order in the society rather than
bluntly treating them illegal. Imposing illegality will result in dangerous side effects which are
more perilous than the original harm. One such situation is illegal cross-border migration. The
initial step for any progress is to minimize undocumented migration. Many porous areas of our
international borders which are hot spots for illegal migration must be identified and proper
control should be imposed. The next step would be to create avenues for legal migration and
to facilitate the legitimate process of migration and identity.

5.2 Provide Legal Identity

The other important task the Indian government is to fulfill, to identifying already existing
migrant population in the country and issue proper identity to them. One should keep in mind
that the security of the country should not be compromised in this matter. Creating proper
identity will certainly join them in the main stream and make them legitimate participants in
the Indian economic system and enable them to be subjected to basic enmities and government
social welfare schemes like MNREGA etc. This will also be a great tool in checking the cross
border terrorism.

5.3 Issues of Deportation

Many a times when the Indian government recognizes any illegal migrant, they will deport
them back to their origin country. Problem arises here when the origin country will also not
accept them owing to not having any legal identities. They will remain abandoned and stateless.
This is a cause of concern where India has to have a humane outlook by creating a proper
channel of deportation by entering into bilateral agreements with the other countries and to
ensure statehood.

5.4 Recognize the contribution

Apart from providing a legal status, it is very much important to create social status to the
migrants, who are being discriminated in all spheres. The first step should be started by
conducting authentic research on the contribution done by the migrants in social and economic
sectors. Later, proper awareness programs must be conducted so as to remove the negative
perspective in locals, authorities and thus enhance the status of migrants and thereby remove
them from the clutches exploitation and exclusion.

5.5 Ratify relevant UN Convention related to International Migration

International community time to time has drafted many conventions to protect the cross border
migrants. Some examples of such include United Nations Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families, 20039, The Domestic Workers
Convention. 201110. But countries like India, Pakistan, Bangladesh etc. are not members of the
convention owing to many socio-political reasons. Hence, it is high time to ratify these

9
https://treaties.un.org;
10
http://www.ilo.org/;
instruments so as to regularize Cross-border Migration and ensure dignity to the migrant
population and make India heaven in letter and spirit to the international immigrants.

5.6 Utilizing the Platform of Regional organization

Regional Cooperation arrangements like SAARC play an important role for governing the issue
of Cross-border migration. Though still now SAARC has not taken any impressive steps in this
area, there is lot of potential in dealing with the issues such as cooperation in minimizing
migration from source country by providing livelihood and improving the living standards. It
can also set some standards of living in the host countries, mandates for joining them in the
main economic stream and banking system so as legally channelize their remittances back to
their country. The regional setup can even mandate for drafting of new policies for mitigating
the exploitation by curtailing trafficking, human rights violations etc.

5.7 Prevent Migration by Capacity Building

As we know the main inducement behind the phenomena of motivation is the vicious cycle of
Poverty and lack of employment in source countries, one of the rational way to avoid this
situation is capacity building in the source countries. India being a favorable destination and as
a leading nation of south Asia it is important to us to join hands for poverty alleviation and
development programs in those countries. Though India is providing assistance to the countries
like Bhutan and Nepal, it has to play wider role in providing economic and technical assistance
to the source countries. This will certainly ensure the lessening of the pressure of migration to
India, thereby benefiting the domestic industry and labor.

5.8 Ensure Basic amenities

India being welfare state, with humane perspective should actively engage in uplifting the
migrant population along with the indigenous. For achieving this, central and state governments
should link them with social welfare programs and provide health benefits, housing,
educational facilities and other basic amenities. This will also benefit us by widening the base
of human resources in our country and provide for nation building.
 CONCLUSION

It is understandable that completely getting rid of the migrants is not a possible solution owing
to the fact that they are so much merged in the Indian society from the decades and even a
couple of generations. Rather than looking at the solution of completely phasing out, it is wise
to first minimize the illegal migration. In fact rather than categorizing them as illegal and legal,
it is more rational to nurture them as an efficient human resource and join them in the main
stream, there by building huge work force and enhancing the Gross Domestic Product.
Therefore the key must be economic and social integration rather than deportation.
India should inspire from USA which had recognized its Mexican illegal migrants as its
Citizens through the new Immigration Policy, 2013, there by standing as a role model to Asia
and developing countries. Therefore adopting a humane migration policy will be certainly a
win-win situation to the both cross-border migrants who are hoping to have a better livelihood
and host governments which can bag the contribution done by the migrants to their national
productivity and development. This is how India can be evolved into true welfare state.

BIBLIOGRAPHY

• Ministry of Overseas Indian Affairs, Government of India Annual Report 2012-2013.

• United Nations, "Trends in International Migrant Stock," 2008.
• Bharadwaj, Prashant et al., "The Big March: Migratory Flows After the Partition of India,"
Economic and Political Weekly, 2008.

• UNDP, “No Safety Signs Here: Research Study on Migration and Vulnerability from Seven
South and North East Asian Countries,” 2004.