The Prevention of Smuggling of Migrants Act, 2018 and the UN’s migrant smuggling protocol 2004 envisage non-criminalisation/humane treatment of the smuggled migrants (deportees) and effective prosecution of the perpetrators of organised crime of smuggling of migrants. Contrary to this, deportees are subjected to vexatious treatment and prosecution under anachronistic laws. Now all deportees (excluding categories A and B) shall be released from the airports within the shortest possible time after identifying the perpetrators/ facilitators, local agents of international traffickers responsible for the act and recording the deportee’s statement. Action will continue to be taken in the case of A and B categories. The immigration rules empowers the FIA to take action against those deportees who entered a foreign land on fake papers.
However, there remains the possibility of undeserving deportees being let off taking advantage of the new SOP. The government needs to be on guard against the misuse of the new provisions. Other loopholes that aid traffickers and those who willingly travel on forged documents get scot-free should be plugged. The problem of illegal outward migration needs to be tackled at the root. The issue is there due to growing joblessness among the youth and the difficult economic situation of the country. Human smugglers are exploiting the situation. People sell their property and risk their lives in search of a better life in developed countries. How many angels can dance on the point of a needle? This is the question developed countries confront now.
Published in The Express Tribune, March 11th, 2020.
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