New Delhi, Jan 30: Parliament today passed by a voice vote the Foreigners (amendment) Bill, 2004, which seeks to strengthen the provisions relating to overstay, entry in restricted areas and using forged passport by a foreigner. The bill, already passed by the Rajya Sabha on May 7 last year, increases the punishment term from two to eight years. With the increase in the imprisonment term, the bail could only be granted by a session judge rather than a first class magistrate, Minister of State for Home Haren Pathak said in the Lok Sabha. He clarified that the provisions were intended to punish only the guilty and not the genuine people, who may seek overstaying on health or other grounds. The bill enables the court to sentence a person staying in the country with a forged passport up to eight years of imprisonment and a fine of Rs 50,000 as against only two years of punishment.
It also provides similar punishment to a person entering restricted areas, notified by the government.

A new Section 14 has been inserted in the Foreigners Act, 1946, relating to a person who is overstaying in the country.
The person could be punished with imprisonment up to five years and a fine of Rs 50,000.

Participating in the discussion, members from the opposition, including Sudarshan Nachiappan (Congress) and G M Banatwala (Indian Union Muslim League) strongly favoured a comprehensive law relating to foreigners as suggested by the Law Commission.

However, the minister said there were sufficient laws to deal with te problems, including illegal migrants.
Bureau Report