New Foreigners Act Is Unconstitutional, Un-Indian & Orwellian; It Criminalizes Idea of Foreignness

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The new Foreigners Act is unconstitutional, un-Indian and Orwellian; it criminalizes the idea of foreignness : Abhishek Singhvi, Supreme Court Lawyer, Rajya Sabha MP and Congress Spokesperson, to Karan Thapar for The Wire. .......................................... Whilst the attention of the country was focused upon the Waqf Act and President Trump’s tariffs, the government has passed the new Immigration and Foreigners Act 2025 which is deeply troubling and greatly concerning. Abhishek Singhvi, one of India’s foremost Supreme Court lawyers, a Rajya Sabha MP and Congress Spokesperson, says it is “unconstitutional, un-Indian and Orwellian”. He says “it criminalizes the idea of foreignness” because it is “a licence to harass, detain and deport without rhyme, reason or remedy.” In a 30-minute interview to Karan Thapar for The Wire to discuss the Immigration and Foreigners Act 2025, Dr. Singhvi says: “This Act is not about managing immigration; it’s about institutionalizing unchecked authority and normalizing Kafkaesque imagery and Orwellian control.” However, Dr. Singhvi’s fears go further. He says: “Today (this Act) targets suspicious foreigners. Tomorrow it may turn inward. The shadow it casts will not stop at the border.” Perhaps the most worrying section of the new Immigration and Foreigners Act 2025 is Section 3 with its multiple provisos. Dr. Singhvi says “It grants the government a blank check, to define, detain and deport anyone they deem inconvenient … (and as a result) any foreigner can be cast out with no questions asked”. Worse, the Immigration Officer’s decision is “final and binding … (there are) no appeals, no hearings, no oversight”. Under Section 7 “A foreigner can be told where to live, who to talk to, when to report, what to disclose and how to behave”. This means foreigners are treated “not as guests … but as intruders”. The Act requires landlords, doctors and universities to monitor foreigners. Dr. Singhvi says: “every cough, every address change, every college or hospital admission must be reported on pain of punishment”. Section 14 empowers the government “to shut down any premises frequented by foreigners – without evidence, without charge and with no specified thresholds for invocation.” Dr. Singhvi calls this “guilt by association”. Under Section 15 the Indian government can determine the nationality of a foreigner. For instance, if he or she carries two passports “Big Brother (will) decide which country he wants to anchor you to”. Finally, under Section 26, “A head constable (is elevated) to the level of a super-commissioner”. In other words, the lowest rung of authority is handed the highest responsibility along with coercive powers. How unusual is that? I will stop there. This is a deeply concerning issue that simply hasn’t got the attention it deserves. It was overlooked because of the focus on Waqf and the Trump tariffs. Do see the interview to discover just how worrying this Act is. Join The Wire's Youtube Membership and get exclusive content, member-only emojis, live interaction with The Wire's founders, editors and reporters and much more. Memberships to The Wire Crew start at Rs 89/month. https://www.youtube.com/channel/UChWtJey46brNr7qHQpN6KLQ/join

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