Centre Directs Expedited Deportation of Foreign Drug Offenders

Syllabus: GS2/Governance/GS3/Internal security 

In News

• The Union Ministry of Home Affairs (MHA) has instructed all law enforcement agencies to speed up the deportation of foreign nationals involved in drug cases.

Statistics on Foreign Offenders

• In 2024, 660 foreign nationals were arrested for drug offences, mostly from Nepal, Nigeria, Myanmar, Bangladesh, Ivory Coast, and Ghana.
• NCRB (2023) reports 6,956 foreign inmates in Indian jails: 1,499 convicts, 5,167 undertrials, and 25 detenues.
• West Bengal, Maharashtra, Delhi, and Uttar Pradesh together accounted for over 65% of these inmates.

Need for Deportation

• Preventing prolonged legal stays: Court delays often result in foreign offenders remaining in India for years, straining prisons and legal systems.
• National security and public health: Drug trafficking networks often link to organized crime and transnational syndicates, posing risks beyond narcotics.
• Deterrence: Swift deportation sends a strong signal discouraging misuse of India’s hospitality and visa system.

 Challenges

• Diplomatic sensitivities: Deportation involves coordination with foreign governments, sometimes complicated by strained relations.
• Human rights concerns: Deportation must comply with international conventions, ensuring due process and humane treatment.
• Coordination gaps: Multiple agencies (NCB, state police, immigration authorities) need seamless cooperation, which is often lacking.
• Resource strain: Monitoring foreign offenders until deportation consumes law enforcement and prison resources.

Steps Taken by Government

• The Immigration and Foreigners Act, 2025 : It is  effective from September 1, 2025, allows compounding of certain offences, enabling faster deportation without lengthy trials.
  •  A Standard Operating Procedure (SOP) covers withdrawal from prosecution, cases on bail, ongoing trials, appeals, and court-directed visa stays.
  •  District SPs/DCPs act as registration officers under the Act.
• Tracking & Visa Management: Foreign nationals charged with offences have their visas cancelled immediately by the FRRO.
  • Authorities are required to track these individuals during investigation and trial. 
  • The SOP ensures proper management of cases where foreign nationals are involved in legal proceedings, including those needing court consent for withdrawal of prosecution.
• The MHA issued guidelines directing law enforcement agencies to deport those convicted of petty offences immediately upon completing their sentences or paying fines.
  • If a fine remains unpaid, the individual should be deported and blacklisted
• Role of Police  : Police across states are compiling lists of such individuals and submitting applications for withdrawal of prosecution to avoid prolonged stays due to legal delays.

 Conclusion and Way Forward 

• Deporting foreign drug offenders in India is crucial for reducing court and prison burdens, protecting national security, and disrupting international drug networks.
• While judicial delays, diplomatic coordination, and human rights concerns pose challenges, the government’s recent fast-track deportation measures  aim to balance law enforcement with international obligations.

Source :IE