India Exempts Persecuted Minorities From Afghanistan, Pakistan, Bangladesh From Penal Action Under New Immigration Law

The Ministry of Home Affairs (MHA) has exempted persecuted minorities from Afghanistan, Pakistan, and Bangladesh from penal action under the Immigration and Foreigners Act, 2025.

The order, notified on Monday, protects members of six religious minority communities, Hindu, Christian, Sikh, Buddhist, Jain, and Parsi, who entered India on or before 31 December 2024 without valid documents or whose passports have since expired.

The Immigration and Foreigners (Exemption) Order, 2025 allows these migrants to stay in India without facing detention or deportation, despite lacking valid passports or visas.

However, this does not impact the eligibility criteria laid out under the Citizenship Amendment Act (CAA), 2019, which only applies to those who entered on or before 31 December 2014.

An official clarified that the new order only prevents prosecution under the immigration law. It does not alter the citizenship eligibility under CAA provisions.

Provisions Under the Immigration and Foreigners Act, 2025

Section 21 of the Immigration and Foreigners Act, notified on Monday, imposes a five-year jail term and a fine of up to ₹5 lakh for illegal entry without a passport or visa. Section 23 prescribes a three-year jail term or ₹3 lakh fine for foreigners who overstay after visa expiry.

The MHA also notified compounding rules for such offences. For illegal entry, foreigners outside the exempted groups must pay a fine of ₹5 lakh. For overstaying, the fines are graded:

• ₹10,000 for stays up to 30 days beyond the visa period
• ₹20,000 for stays between 31 and 90 days

The Foreigners Regional Registration Office (FRRO) or immigration officers will impose these fines.

Exceptions apply to Tibetans, Buddhist monks from Mongolia, and eligible migrants from Afghanistan, Pakistan, and Bangladesh.

Exemptions for Other Communities and Officials

The order also grants exemption to citizens of Nepal and Bhutan, and Tibetans who entered India between 1959 and 30 May 2003 using special permits from the Indian Embassy in Kathmandu. These individuals must be registered with the foreigners registration officers.

However, Nepali and Bhutanese citizens entering via China, Macau, Hong Kong, or Pakistan, excluded from this exemption.

The law also exempts Sri Lankan Tamils who sought refuge in India up to 9 January 2015. In addition, armed forces personnel on duty, along with their families, and diplomatic passport holders, do not require a visa to enter India.

The MHA has also delegated enforcement powers under the Act to states and Union Territories, and notified specific officers authorised to compound offences.

Officials stated that these changes aim to balance humanitarian concerns with national security and immigration control.

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