Due to its bludgeoning population, geographical location, and diverse ethnic and political stability, India is one of the major hubs for job opportunities and has been witnessing the influx of cross-border migrants increasing over the years. The sociopolitical dynamics in the neighboring countries result in accelerated immigration in India. The state apparatus to deter such flow of migrants has used punitive enforcement strategies where informal movements are treated as infiltration and to a greater extent conspicuously criminalize the migrants based on ethnicity. India being a diverse country faces yet another internal security threat through the criminalization of migrants and formless punishments which results in exclusion, human rights violations, and ingrained prejudice against migrants. This chapter will review the policy and the adopted universal resolution in addressing the immigrant inflow. It will explore the consequences of such punitive practices on immigrants and identify the possible measures to decriminalize, repatriate, and provide the status of citizenship for the migrants. The chapter underscores “crimmigration”—the intersection of migration and the criminal justice system—in India through exploratory methods using secondary literature and available descriptive data.

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Criminalization of Migrants: An Exploratory Study on Cross-Border Migration in India

  • Nethaji Subash,
  • Gabriela Michael

摘要

Due to its bludgeoning population, geographical location, and diverse ethnic and political stability, India is one of the major hubs for job opportunities and has been witnessing the influx of cross-border migrants increasing over the years. The sociopolitical dynamics in the neighboring countries result in accelerated immigration in India. The state apparatus to deter such flow of migrants has used punitive enforcement strategies where informal movements are treated as infiltration and to a greater extent conspicuously criminalize the migrants based on ethnicity. India being a diverse country faces yet another internal security threat through the criminalization of migrants and formless punishments which results in exclusion, human rights violations, and ingrained prejudice against migrants. This chapter will review the policy and the adopted universal resolution in addressing the immigrant inflow. It will explore the consequences of such punitive practices on immigrants and identify the possible measures to decriminalize, repatriate, and provide the status of citizenship for the migrants. The chapter underscores “crimmigration”—the intersection of migration and the criminal justice system—in India through exploratory methods using secondary literature and available descriptive data.