By Nalini Sharma, Ramesh Sharma: Seema Haider, the Pakistani woman who entered India via Nepal to be with her lover, Sachin, is an “illegal migrant” under Indian law. She was arrested on July 4 along with Sachin and her father and charged under the Aliens Act and Section 120B (criminal conspiracy) of the Indian Penal Code.
She was released on bail and is currently enjoying life in India, which he has referred to as his home. However, the legal ramifications against Seema spell a difficult future for her.
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CHARGES AGAINST SEEMA HAIDER
In the eyes of Indian law, Seema Haider is an ‘illegal migrant’. An illegal migrant is a foreigner who enters the country without valid travel documents, such as a passport and visa, or enters the country with valid documents, but stays beyond the allowed period of time. Illegal immigrants are prohibited from acquiring Indian citizenship.
Seema was charged under Section 14 of the Aliens Act, 1946, which stipulates that whoever stays in India for a period longer than the period for which his visa was issued or who violates the provisions of the Act will be punished by imprisonment. for a period that may be extended up to five years and will also be subject to a fine.
He also faces charges under Section 120B of the Indian Penal Code. This says that whoever is part of a criminal concert to commit a crime is punished with a prison sentence of two years or more and will be punished in the same way as if he had been an accessory to such a crime. For any other crime, they will be punished with six months’ imprisonment or a fine or both.
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LEGAL ACTIONS THAT CAN BE TAKEN AGAINST SEEMA
Illegal immigrants may be imprisoned or deported under the Aliens Act and the Passports (Entry into India) Act, 1920. These two Acts empower the central government to regulate the entry, exit and residence of foreigners in India.
The Aliens Act, 1946 regulates the entry, presence and exit of foreigners in India. Authorizes the government to dictate rules on the entry and stay of foreigners and the conditions under which they can be deported.
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The Passports (Entry into India) Act, 1920 deals with the regulation of the entry of persons into India. It specifies requirements for valid travel documents, such as passports, and imposes penalties for illegal entry or use of forged documents.
These two acts are among the key laws that come into play when a Pakistani national illegally enters India with forged documents. Some of the others are the Immigration (Carriers Liability) Act 2000, Indian Penal Code (IPC), Passport Act 1967 and Aliens Order 1948.
The legal actions and consequences in each case may vary depending on the circumstances, the evidence, and the discretion of law enforcement and immigration officials.
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CONDITIONS FOR THE SEEMA DEPOSIT
Seema Haider was released on bail on 7 July. Under the conditions of her bail, she cannot leave the country without prior permission from the court. She will also have to tell the court if she changes her address at any time.
In addition, he was required to present two local guarantees and two personal bonds of Rs 30,000.
Seema has no desire to return to Pakistan since she believes that they would kill her if she returned. However, it remains to be seen what legal action will be taken against the woman who crossed the border to be with her lover.
Published in:
July 14, 2023
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