Australians tourists in India are advised to avoid demonstrations and public gatherings in #Kolkata and other metros; advisory issued by Australian Consulate.
Rights of foreign citizens to participate in demonstrations and protest rallies in India.The Ministry of Home Affairs issued several ‘Leave-India Notices’ to foreign nationals in India during Citizenship Amendment Act (“CAA”) protest.
The Notices are being seen as the government’s attempt to stifle dissent as allegedly, they have been issued only to those foreign nationals who have participated in the protests against the Citizenship Amendment Act (“CAA”). The government has justified the notices, stating that they have been issued because the said foreign nationals have violated their visa conditions.
As per the Seventh Schedule of the Constitution of India, the aspect of admission, emigration and expulsion of an individual from/in the territory of India, falls within the sole domain of the Parliament (Entry 19, Union List). Therefore, only the Parliament is empowered to make a law on these aspects, which also includes the law on issuance of passports and visas.
The Foreigners Act, 1946 is the primary legislation governing the entry of foreigners in India. Section 3 of the Act empowers the Central Government to make orders prohibiting, regulating or restricting the entry of foreign nationals in India. The Section also allows the Central Government to lay down the conditions, which a foreign national is bound to abide by during her/his stay in India, in other words the conditions governing her/his visa.
As per the Central Government orders issued under the Section, a foreign national is not allowed to engage in the following conduct/activities during the stay in India:
Foreign Nationals are to strictly adhere to the purpose of their visit. For instance, a foreign national on a tourist visa is allowed to indulge only in recreation, sight-seeing, casual visit to meet friends or relatives etc. and no other purpose/ activity. Similarly, a foreign national on a student visa is allowed to indulge only in pursuing on-campus studies and no other activity [Clause 10].
