Detention Centers for Illegal Migrants

Introduction

Detention is deprivation of liberty or confinement in a closed place, and the illegal migrants are not allowed to leave at their will. They have entered the country illegally, so they are kept with the authorities until deported to their own country. Recently this topic has been an important issue because of NRC.

There are various guidelines issued by some International Bodies for this purpose. The Object of such instructions is to ensure that the detention will be the last option & it must have been vital & unavoidable, then it should comply with the international standards.

International Guidelines

1. Detention is an exceptional measure and can only be used for some legitimate purpose. (UN Human Rights Committee)The purpose of detention shall also be clearly defined in some sort of legislation or regulations. Some of the examples of legitimate purposes are National Security, Public Health, Public Order, etc.
2. Detention shall not be discriminatory. It should not be based on race, religion, sex, etc. Also, if the State is distinguishing between nationals & non-nationals, then it needs to show that it is reasonable. Reasonable differentia must be applied.
3. Detention shall conform with the National Law. Otherwise, it would be illegal. Also, there should be proper procedures for safeguards for this purpose.
4. Place of detention is to be administered by public authorities or any other private contractors.
5. Detention can take place at several locations, but it should be separated from the prison premises.
6. Period of detention can't be indefinite & thus, some maximum limit shall be there.
7. Detention shall be monitored on a regular basis.
8. Detainees shall be provided with humane and dignified conditions. Detention shall not be like some punitive measure. Use of prisons, jails etc. is prohibited. Male & female detainees shall be separated unless they belong to the same family. They all shall be provided with appropriate medical facilities. They should be able to be in regular contact with their friends and families.
9. Exceptional circumstances shall be taken into consideration. It'll cover females, children, victims of trauma, etc.

Alternatives to Detention

As mentioned above, detention shall be the very last option. There are a number of alternatives to it. Some of the examples are-

(a) Deposit or surrender of documents.

(b) Periodic reporting to some authorities.

(c) Provision for some guarantor or surety.

(d) There are some NGOs that work in this field.

Indian Scenario

Article 258 of the Constitution of India provides for deportation of illegally staying migrants.

Does India have detention centers? Yes, there are two detention centers in Assam, which were set-up under Section 3(2) (e) of Foreigners' Act, 1946 & Para 11 of Foreigners' Order, 1948.

Also, there are reports that some new detention centers are being established in Karnataka & Maharashtra.

Union Home Ministry, through a circular (2019 detention manual), has asked the States to have at least one detention centre.

According to the manual, states don't need to take any specific permission from the Union for setting up such detention centres.

Manual also states that every centre shall have a cell that will provide help to detainees for contacting their concerned embassy etc.

It also provides that such detention centres shall be established outside the prison premises & shall have CCTVs, LPG connection etc.

Manual also provides that all the members of a family shall be detained in the same centre.

Conclusion

As recognised by all the international authorities, liberty is the most basic human right of an individual, and it cannot be denied unless there are some exceptional circumstances. Right to seek asylum is a well-recognised right & thus, detention of such persons shall be taken as a measure of last resort. If the circumstances arise where it is unavoidable, then such detention shall not be discretionary & there shall be a proper procedure for making such detentions.