The Immigration and Foreigners (Exemption) Order, 2025, issued by India’s Ministry of Home Affairs, clarifies key aspects of the country’s immigration rules. It exempts certain groups from needing a valid passport, travel document or visa to enter, stay or leave India. This move has implications for refugees and nationals from neighbouring countries.
Key Provisions of the Order
The order exempts specific categories of people from strict immigration requirements. These include Indian citizens, nationals of Nepal and Bhutan, Tibetan refugees, six religious minorities from Afghanistan, Bangladesh and Pakistan, and Sri Lankan Tamil refugees. This exemption means these groups can legally enter and stay in India without standard travel documents or visas.
Focus on Sri Lankan Tamil Refugees
A notable inclusion is the Sri Lankan Tamil refugees residing mainly in Tamil Nadu since 1990. The order protects them from forcible repatriation if they took shelter before 9 January 2015 and registered with authorities. This is a relief as no prior unilateral repatriation plans existed from either the Union or Tamil Nadu governments. Post Sri Lanka’s recent-clashes-and-consequences/" target="_blank" rel="noopener">civil war end in 2009, both governments have worked to support their welfare.
Citizenship and Legal Status Challenges
Despite the exemption, Sri Lankan Tamil refugees face hurdles in gaining Indian citizenship. The Citizenship Amendment Act (CAA) of 2019 granted citizenship rights to six non-Muslim minorities from Muslim-majority countries but excluded Sri Lankan Tamils. Refugees are still labelled ‘illegal migrants’ under the law, barring them from applying for Long Term Visas (LTV) or citizenship by registration (Section 5) or naturalisation (Section 6) of the Citizenship Act, 1955. This status restricts access to employment and higher education.
Potential Policy Improvements
The government’s prior stance linked LTV eligibility to proving oppression in the country of origin. A more liberal approach towards LTVs for deserving Sri Lankan Tamil refugees is advised. The certificate of identity issued to Tibetan refugees could serve as a useful model. There is also a call for India and Sri Lanka to initiate voluntary repatriation plans with structured assistance. Alternatively, local integration in India could be explored. A humane approach by all stakeholders is emphasised.
Broader Implications for Immigration Policy
This order reflects India’s evolving immigration framework balancing security and humanitarian concerns. It recognises the complex realities of refugees and stateless persons in the region. However, legal ambiguities and social challenges remain, necessitating further policy refinement. The order is a step towards clarity but not a comprehensive solution.
Questions for UPSC:
- Critically discuss the challenges faced by refugees in India under the Citizenship Act, 1955 and the implications of the Citizenship Amendment Act, 2019.
- Examine the role of India’s immigration policies in managing cross-border refugee flows from South Asia. Analyse the humanitarian and security dimensions involved.
- Estimate the impact of legal status on the socio-economic integration of refugees. How can policy reforms balance national security with human rights?
- Point out the significance of bilateral cooperation between India and neighbouring countries in refugee management. Discuss the options of voluntary repatriation and local integration.
