India Exempts Minority Migrants From Penal Action Under New Immigration Law

In a significant humanitarian move, the Government of India has officially exempted persecuted migrants belonging to six minority communities—Hindus, Christians, Sikhs, Buddhists, Jains and Parsis—from penal action under the newly notified Immigration and Foreigners Act, 2025, provided they entered India from Afghanistan, Bangladesh, or Pakistan on or before 31 December 2024 without valid documents or with expired passports or visas.

The exemption comes under the Immigration and Foreigners (Exemption) Order, 2025, issued by the Ministry of Home Affairs (MHA) on Monday, and aims to protect those fleeing religious persecution from legal proceedings for illegal entry or overstaying.

Scope of the Exemption

According to the order, authorities will not prosecute affected migrants under Section 21 of the Act, which imposes up to five years’ imprisonment and a ₹5 lakh fine for unauthorised entry.

Similarly, Section 23, which penalises overstaying with up to three years’ imprisonment or a ₹3 lakh fine, will not apply to these individuals.

While this exemption offers relief from deportation and detention, it does not equate to eligibility for Indian citizenship.

The Citizenship Amendment Act (CAA), 2019, continues to govern the criteria for naturalisation, with its cut-off date of 31 December 2014 remaining unchanged.

“This exemption only ensures these migrants are not treated as illegal under the new law. It does not alter CAA’s citizenship conditions,” clarified a government official.

Other Beneficiaries of the Order

The order also extends similar protection to:

• Nepalese and Bhutanese citizens, as well as Tibetan migrants who entered India between 1959 and 30 May 2003 on special entry permits and are duly registered.
• Sri Lankan Tamil refugees who arrived in India up to 9 January 2015.
• Members of the Indian armed forces and their families entering or exiting India on duty.
• Diplomatic passport holders are now exempt from visa requirements.

However, Nepalese and Bhutanese citizens entering or exiting India through China, Pakistan, Hong Kong, or Macau will not qualify for these exemptions.

In a separate notification, the MHA has detailed the process for compounding offences under the Act. For foreigners not covered by the exemptions:

• Entry without valid documents attracts a fine of ₹5 lakh.
• Overstaying incurs graded fines—₹10,000 for up to 30 days, and ₹20,000 for stays between 31 to 90 days—excluding certain protected groups such as Tibetan monks, Mongolian Buddhists, and eligible Afghan, Pakistani, and Bangladeshi migrants.

These new rules form part of a wider framework balancing national security and humanitarian considerations.

While providing temporary legal relief to those escaping religious persecution, the Act maintains clear distinctions regarding eligibility for citizenship, ensuring alignment with India’s existing legal and political frameworks.

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