The Union government recently made a plea to the Supreme Court, urging the institution to aid in establishing a law with significant impact for India regarding Foreigners’ Right to access local courts for relief, especially after violating their visa conditions. This has led to the question of what Fundamental Rights are available to foreigners.
Foreigners’ Rights and the Constitution
The issue at hand is the extent of a foreigner’s right to approach local courts when Article 19 of the Indian Constitution does not apply to them. Article 19 pertains to the right to free speech and expression, as well as the right to peaceably hold meetings. It is a right exclusive to Indian citizens.
On the other hand, Article 21, which declares that “no person shall be deprived of his life or personal liberty except according to procedure established by law” is applied to both citizens and non-citizens alike.
Scope of Fundamental Rights for Foreigners
Fundamental rights available only to citizens and not to foreigners include Articles 15, 16, and 19. These concern prohibition of discrimination on grounds of religion, race, caste, sex or place of birth; equality of opportunity in matters of public employment; and protection of six rights relating to freedom such as speech and expression, assembly, association, movement, residence and profession.
Shared Fundamental Rights for Citizens and Foreigners
On the other side of the spectrum, there are Fundamental Rights applicable to both citizens and foreigners, excluding enemy aliens. These include Articles 14, 20, 21, 22, 23, 24, 25, 26, 27 and 28. They ensure equality before the law; protection in respect of conviction for offences; protection of life and personal liberty; protection against arrest and detention in certain cases; prohibition of traffic and human beings and forced labour; freedom of conscience and free profession, practice and propagation of religion, amongst others. Rights related to the protection of language, script, culture of minorities and the right to elementary education as described in Articles 29 and 21A respectively are also included.
Right against Exploitation
In regards to safeguarding against exploitation, the Constitution incorporates protection against untouchability as a form of discrimination under the Right to Equality. It also details the Prohibition of traffic in human beings and forced labour, along with the Prohibition of employment of children in factories as measures against exploitation.
Right to Privacy and Property
The Right to Life and Personal Liberty under Article 21 extends to protect the Right to Privacy. This extends to freedoms guaranteed in Part III of the Constitution. As for the Right to Property, it stands as a legal right available to any person, irrespective of their citizenship.
While foreigners do not enjoy all the Fundamental Rights that Indian citizens have, there is a definitive scope of rights preserved for them in the Indian Constitution. However, the application and approach towards these rights in light of a foreigner’s violation of visa conditions remains a complex issue, needing further legal clarification and parameters.