Lok Sabha passes Immigration and Foreigners bill; 'India not a dharamshala', says Shah, targets TMC

Various amendments moved by Opposition members were negated and the bill was passed by a voice vote.

New Delhi: Union Home Minister Amit Shah on Thursday said those who come to India for business, education and investment are welcome, but those who pose a threat to security will face stringent action while declaring that the country is not a "dharamshala".

"India is not a dharamshala(resthouse)," Shah asserted while replying to the debate on the Immigration and Foreigners Bill, 2025 in the Lok Sabha. The bill was later passed by a voice vote after various amendments moved by Opposition members were negated.

One of the key provisions in the bill is that anyone found to be using a forged passport or visa for entering India or staying in or exiting from the country will be punishable with a jail term of up to seven years and a fine which could extend to Rs 10 lakh. The bill also seeks to ensure a close monitoring of everyone who visits India, Shah said.

Shah said the bill is necessary to strengthen the country's security and economy, promote manufacturing and trade, get global recognition for the education system and help universities earn international repute. It will ensure that the country gets up-to-date information about every foreigner visiting India, he added.

He also hit out at the Trinamool Congress(TMC) and previous Congress government at the Centre for allowing Rohingiyas and Bangladeshis enter India on the basis of Aadhaar cards and voter cards earlier from Assam and now West Bengal.

He said while security forces are blamed, the real culprits are the TMC government in West Bengal and the earlier Congress government in Assam.

"India's border with Bangladesh is 2,216 km long, out of which fencing work has been completed on 1,653 km. Out of the remaining 563 km, fencing is not possible on 112 KM due to geographical conditions.

"But fencing in 412 km is incomplete because Bengal government is not giving land," the minister told the House.

Shah alleged that when attempts are made for fencing, cadres of the ruling party in West Bengal come and create a ruckus.

"Border fencing is incomplete because of Bengal government's leniency towards infiltrators."

Shah then asked "When Bangladeshis or Rohingyas infiltrate, who gives them Aadhaar cards?"

"Most of the Bangladeshis who have been caught have Aadhaar cards and voter cards of 24 Parganas(in West Bengal)," he said hitting out at the TMC.

The home minister asserted that the problem of infiltration will end when BJP wins the next Assembly elections, which is due next year. "If the Bengal government does not issue Aadhaar cards, then even a bird will not be able to fly."

Shah rejected demands of opposition members to refer the bill to a parliamentary penel, saying members had sufficient time to give suggestions between the time when it was introduced and Thursday when it came up for consideration.

He said the government will have the right to debar some persons from India based on inputs by various agencies. Those who feel they have not been heard can move court, he added.

Shah said getting up-to-date information about every foreigner visiting India is important.

"This is very important. The main issue is that the immigration is not an isolated subject but it is directly or indirectly linked to various issues. The bill will ensure a close monitoring of everyone who visits India, why do they visit India and how long they want to stay in India. It is absolutely necessary to know the details of every foreigner visiting India," he said after the over three-hour-long debate.

"I welcome everyone who wants to visit India as a tourist, for education, for health care, for R&D, for business. But those who comes as a threat to the country, we will keep a close look at them and take strong action against them."

Opposition MPs claimed that some provisions of the bill seeking to streamline various services related to immigration and foreigners give "arbitrary powers" to immigration authorities and demanded it should be sent to a joint parliamentary committee for detailed scrutiny.

Initiating a debate on the Bill, Congress MP Manish Tewari said its provisions give "arbitrary powers" to the government for exempting certain categories of foreigners from the law.

The proposed legislation also provides for mandatory reporting of information about foreigners by hotels, universities, other educational institutions, hospitals and nursing homes to enable tracking of overstaying foreigners.

"Whoever knowingly uses or supplies a forged or fraudulently obtained passport or other travel document or visa for entering into India or staying in or exiting from India, shall be punishable with an imprisonment for a term which shall not be less than two years, but may extend to seven years and shall also be liable to fine which shall not be less than one lakh rupees, but may extend to 10 lakh rupees," according to the bill.

It also says that any foreigner who enters any area in India without a valid passport or other travel document, including a visa, in contravention of provisions of the law or of any rule or order given in pursuance thereof, shall be punishable with an imprisonment for a term which may extend to five years or with fine which may extend up to Rs 5 lakh rupees or with both.

The legislation empowers the central government to exert control over places that are "frequented by any foreigner" and require the owner to close the premises, permit its use under specified conditions, or refuse admission to all or a "specified class" of foreigners.

Matters relating to foreigners and immigration are presently administered through four legislations: Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers' Liability) Act, 2000. All these laws are now proposed to be repealed.

While the Immigration and Foreigners Bill, 2025 consists of several existing provisions in the four Acts proposed to be repealed after simplification and harmonisation, it also has certain new provisions to meet the present-day requirements.