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.
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.
The order also extends similar protection to:
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:
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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