Interview: New bill criminalises the existence of refugees within India’s borders

On March 11, the Union government introduced the Immigration and Foreigners Bill, 2025. The Bill, if passed, will repeal three colonial-era legislations – The Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946 – and Immigration (Carriers’ Liability) Act, 2000. The legislation will allow the Union government certain powers over passports or other travel documents that regulate entry and exit from India and matters related to foreigners including requirement of visa and registration.

India has more than 270,000 refugees and asylum seekers. While there is no specific legislation for their protection, the colonial-era legislations have been invoked particularly in matters related to illegal entry into the country without documentation that affect refugees who flee violence and instability in their home countries.

As a human rights lawyer, activist and writer, Nandita Haksar, who has worked extensively with refugees, said that she wished that a law had been passed for the protection of refugees before or together with this new bill. “I recognise [right of] the government of a sovereign country to protect its borders and so as such there is nothing wrong with the section,” said Haksar. “However, there are many ways of handling the problem of ‘illegal’ migrants.”

She added that despite the fact that India does not recognise the international...

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