The recent case of a group of Pakistani Hindus who entered the country on month-long pilgrimage visas but have since then sought political asylum citing religious persecution back home has brought India’s immigration and citizenship policies under the spotlight. In response to a public interest litigation, the delhi High Court has stayed the imminent deportation of the 151 Pakistani Hindus whose visas expired months ago and asked the Union Government to explain why they should not be offered refuge. The overnment has time till February n e x t y e a r t o r e s p ond . Bu t , s i n c e t h e Government does not have a specific policy on the matter, and has traditionally dealt with such issues on a case-by- case basis, it has led to enormous dissatisfaction and resentment among those affected. This lack of definite policy guidelines on the matter, especially with respect to people of Indian origin regardless of heir religious affiliation, cannot continue to remain. The situation also leaves many asylum-seekers with no other choice but to slip through the cracks in the system and settle in the country illegally — a situation that neither benefits the individual nor the state. For centuries, India has been home to entire communities of refugees — from citizens of erstwhile East Pakistan who feared that they would be butchered by the Pakistani Army to Afghan nationals who wished to escape their warravaged country to Tibetan exiles. Yet it has been only in the recent past that the Government has signed a handful of bilateral agreements that provide a legal framework for the problem. However, most of them have been ineffective, as the Sirimavo-Shastri pact that was signed between the Governments of India and Sri anka n 1964 to help that country’s embattled Tamil community has shown. More recently, the Government as introduced laws that allow special benefits regarding travel and work within the country to those who re officially recognised as ‘Persons of Indian Origin’, and has offered the title of ‘Overseas Citizen of India’ to some non-resident Indians. However, neither of these measures has satisfied the aspirations of he vast Indian Diaspora that wishes to maintain ties with its homeland, nor have they benefitted the large number of Hindus who have periodically sought refuge in this country. The Ministry of Overseas Indian Affairs must take the lead in formulating a policy to find a desirable way out. The Ministry is in the best position to do because it interacts directly and regularly with overseas Indians and understands their issues better. No doubt, the Government has to tread carefully keeping in mind the various legal tangles as much as the underlying emotions. But these complications have to be resolved some day.
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