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By Gargi Parsai
The Bill, further to amend the Foreigners Act, 1946, seeking to raise the penalties on offences committed by foreigners, was passed by the Rajya Sabha after the Minister of State, Harin Pathak, assured the House that foreigners with valid visa were welcome in India. The Bill was against those who overstayed or violated visa norms. As soon as R. Shanmugasundaram (DMK) said the Bill sent the wrong signal that it was against globalisation and gave room for misuse by States, as in POTA, AIADMK members were on their feet in protest. "Is something pricking when I mention POTA," the DMK member asked his AIADMK colleagues. "My apprehension is that it is liable to be misused. Let the Minister answer." Intervening in the exchange between traditional Tamil Nadu rivals, the Deputy Chairperson, Najma Heptullah, said: "At least these kinds of arguments keep the House alive and awake." Winding up the discussion, he said: "The limited purpose for bringing the amendment under Section 14 for raising penalties is for those who break the law and commit offences." Responding to Opposition concern about biases in dealing with illegal migrants and the non-inclusion of Assam under the Foreigners Act, the Minister said the Government would consider coming out with a "comprehensive legislation". Mr. Pathak said so far it was easy for those foreigners who overstayed or violated visa conditions to get bail taking advantage of the loopholes in the law. Now, cases would be tried by Sessions Court, enabling State Governments to oppose bail application under proviso to sub-section (l) of section 439 of the Code of the Criminal Procedure, 1973. The Act raises the maximum punishment under the Foreigners Act upto eight years and fine upto Rs 50,000. Saying that the title of the Bill was misleading, Fali Nariman (Nominated) said it should be renamed Foreigners Offences Act. Shankar Roy Chowdhury (Ind) stressed on stringent surveillance and immediate identification of illegal migrants. Not satisfied with the Minister's response to the discussion, Congress member, Eduardo Faleiro, sought individual replies later on. He said while there was no question of supporting illegal migration, there should not be harassment on linguistic and religious grounds.
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