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National security and the rights of Indian citizens might be at risk with the entry of illegal migrants into the country: Karnataka HC

Team SoOLEGAL 8 Jun 2020 4:11pm

National security and the rights of Indian citizens might be at risk with the entry of illegal migrants into the country: Karnataka HC

While the Karnataka High Court has set out extensive guidelines for dealing with the detention of illegal migrants under the Foreigners Act, 1946, it has also claimed that illegal migrants often place pressure on the citizens and pose a security threat to the country.

Justice K.N Phaneendra, who was hearing the matter, noted that various people in the sub-continent have many physical similarities due to the fact that these people share a common historical background. Often these people from the neighbouring countries might, due to whatsoever reason, enter the territory of India.

Further he stated that many times their entry goes unnoticed because of the similar physical attributes they possess and said these illegal migrants might infringe the rights of the citizens of India and pose a threat to the national security of the nation.

The court also added the fact that how serious of a concern terrorism has become for most of the countries as illegal migrants who enter a country might enter with intention to cause damage to the national security. These migrants sometimes recruit citizens into their organizations for wrongful gains. The court also quoted various examples such as inhuman acts in Jammu & Kashmir and Rohingyas in the State of Myanmar.

The court also clarified the definition ofan ‘illegal migrant’categorising it to be an Individualwho hasnot obtained citizenship under the Indian Citizenship Act 1955, but who lives in the Indian Territory. Even children who are born to illegally migrated parents or any of them are termed asan illegal migrant.

It is hence evident that taking birth in India is not a pre-requisite and for obtaining citizenship of India people must fall within the ambit of provisions ofthe Citizenship Act, 1955.



Tagged: National security   Indian citizens   illegal migrants   Karnataka HC   Foreigners Act   Justice K.N Phaneendra   Indian Citizenship Act  
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