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Rwanda plan

13th July, 2024

Rwanda plan

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Context:

  • Prime Minister Keir Starmer, upon taking office, immediately scrapped the Rwanda plan

Rwanda Plan and details :

  • Initiated by former Conservative PM Rishi Sunak, the Rwanda plan aimed to deter illegal immigration by deporting asylum seekers to Rwanda while their claims were processed.
  • It was launched in April 2022 but faced criticism and legal challenges, leading to no deportations occurring before its cancellation.
  • The UK government had allocated £220 million to Rwanda for operational expenses related to the plan by the end of 2023.
  • Despite the cancellation, Rwanda has refused to refund any part of these funds, arguing that they had fulfilled their obligations under the agreement.

Reasons for Scrapping the Plan:

  • Inefficacy and High Cost: Government cited  its inefficacy and high cost for scrapping the plan.
  • Potential Violation of Refugee Laws: Criticism from international organisations such as the UNHCR highlighted that the plan potentially violated international refugee laws.
  • Combating Human Smuggling and Enhancing Asylum Claims: The Labour government plans to redirect the allocated funds towards combating human smuggling and improving asylum claim processing.
  • Policy Shift Towards Humane and Effective Immigration: The new administration aims to focus on more humane and effective immigration policies, emphasising cooperation with international bodies and improving domestic enforcement capabilities.

Impacts:

  • The cancellation of the Rwanda plan has been seen as a shift away from controversial immigration policies, aligning more closely with international refugee conventions.
  • However the incident highlights the complexities of international agreements and financial commitments in the context of changing political landscapes and policy priorities.

Indian Immigration Laws and Policies

Constitutional Framework:

  • Articles 5 to 11 of Part II of the Indian Constitution govern citizenship.
Indian citizenship is based on jus sanguinis (citizenship by blood), meaning it is acquired through descent or parentage, rather than jus soli (citizenship by birth).

Modes of Acquiring Indian Citizenship:

  • Citizenship by birth: Defined under specific conditions related to Indian ancestry.
  • Citizenship by descent: Children born outside India to Indian citizens may acquire citizenship.
  • Citizenship by naturalisation: Foreigners residing in India for at least 14 years can apply for citizenship.
  • Registration and citizenship for certain categories of persons are also provided for under specific circumstances.

Immigration Laws and Regulations:

  • Passport (Entry into India) Act, 1920:
    • Regulates entry into India and necessitates visas for foreigners.
  • Foreigners Act, 1946:
    • Governs the entry, stay, and departure of foreigners within India.
  • Foreigners Registration Act, 1939 and Rules of 1992:
    • Mandates registration of foreigners staying in India beyond the stipulated visa period.

Visa Requirements:

  • All international visitors require a visa for entry into India, except for citizens of Nepal and Bhutan.
  • Various types of visas are available including tourist, business, employment, student, and transit visas.
  • Specific permissions like Protected Area Permits (PAP) are required for access to restricted areas within India.

Registration of Foreigners:

Foreigners staying in India for more than 180 days must register with the Foreigners Regional Registration Office (FRRO) or Foreigners Registration Office (FRO).Certain visa categories require registration within 14 days of arrival.Registration is mandatory for foreigners above 16 years old, except for those on specific visa types exempted by law.

Recent Amendments:

  • Employment Visa Changes: Tourists on work visas can change employers after arriving in India by applying to the Ministry of Home Affairs.
  • Conversion of Visas: Dependent visas (X visa) can be converted into employment visas based on eligibility and the employment status of the spouse.
  • PIO and OCI Merger: As of January 9, 2015, the Persons of Indian Origin (PIO) and Overseas Citizen of India (OCI) schemes have been merged, simplifying the process for overseas Indians to obtain OCI cards.

International refugee policy:

Refugee Policy in India:

Safety of Rwanda bill, issues and way ahead along with the mapping of Rwanda has been thoroughly covered here. Students please refer:

  • https://www.iasgyan.in/daily-current-affairs/safety-of-rwanda-bill#:~:text=Details%20of%20the%20bill%3A,for%20removing%20individuals%20to%20Rwanda.

Source: 

PRACTICE QUESTION

Q. Match the following laws related to immigration in India with their respective functions regarding foreigners in India:

Laws

Functions

1.Passport (Entry into India) Act, 1920

A. Regulates entry into India and necessitates visas for foreigners. 

2.Foreigners Act, 1946

B. Governs the entry, stay, and departure of foreigners within India. 

3.Foreigners Registration Act, 1939 and Rules of 1992

C. Mandates registration of foreigners staying in India beyond the stipulated visa period.

Options:

A. 1-C, 2-B, 3-A
B. 1-A, 2-C, 3-B
C. 1-B, 2-A, 3-C
D. 1-A, 2-B, 3-C

Answer: B. 1-A, 2-C, 3-B

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