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Legal Hurdles Await Pakistani Woman in India: the Case of Seema Haider’s Immigration Status

New Delhi. For her Noida-based boyfriend, there may be many legal hurdles in front of Pakistan’s border Haider who came to India via Nepal. Pakistani woman Seema Haider entered India via Nepal to live with her boyfriend Sachin. Now according to Indian law, he is an ‘illegal migrant’. Seema Haider was arrested along with Sachin and his father on July 4 and charged under the Foreigners Act and Section 120B (criminal conspiracy) of the Indian Penal Code.

However, she has been released on bail and is currently enjoying a free life in India, which she calls home. However, the law sections that apply against Seema Haider point to a difficult future for her. First, in the eyes of Indian law, Seema Haider is an “illegal migrant”. An illegal migrant is a foreigner, enters the country without valid travel documents such as a passport and visa, or enters the country with valid documents but stays in the country for longer than allowed. There is a ban on illegal immigrants acquiring Indian citizenship.

Seema Haider was charged under Section 14 of the Foreigners Act, 1946. Whoever stays in India beyond the time for which his visa was issued or who violates the provisions of the Act shall be punished with imprisonment, it said. Which can be extended up to five years and a fine will also have to be paid. Seema Haider is also charged under Section 120B of the Indian Penal Code. Anyone who is involved in a criminal conspiracy to commit an offence will be punished with rigorous imprisonment for a term of two years or more, it said. Under the Foreigners Act and the Passports (Entry into India) Act, 1920, illegal migrants can be imprisoned or deported. These two laws empower the central government to control the arrival, movement and stay of foreigners in India.

The Foreigners Act, 1946 regulates the coming, stay and movement of foreigners in India. It empowers the government to make rules regarding the entry and stay of foreigners and the conditions under which they can be deported. Seema Haider was released on bail on July 7. According to the conditions of her bail, she cannot leave the country without the court’s prior permission. If she changes her address at any time, she will also have to inform the court. They were also asked to submit two local guarantors and two personal bonds of Rs 30,000 each. Seema has no desire to return to Pakistan as she believes she will be killed if she goes back. It remains to be seen what legal action will be taken against the woman who crosses the border to stay with her boyfriend.



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