1.1 INTRODUCTION
Tourism has been
defined as the “activities of persons travelling to and staying in places
outside of their usual environment for not more than one consecutive year for
leisure, business and other purposes”. There are different words and meanings
for tourism such as Domestic Tourism: – that involves residents of the given
country travelling only within the country. Inbound Tourism:- involves
residents travelling in the given country. Outbound Tourism: – means residents
travelling in another country. International Tourism:- consists of inbound and
outbound tourism.
Talking about the tourism in India we have a
great history in it. India is a centre of two ancient civilizations of the
world called the Indus valley civilization, and the Aryan civilization. Tourism
development in India started in the early sixties. By that time most of the
other countries have achieved a remarkable progress in this area and has
exploited to maximum possible extent. The best way to introduce India as a
tourist destination to foreigners is that ‘India is a country of all seasons
and all reasons’. India’s tourism resources have always been considered immense.
The geographical features are diverse, colorful and varied. As such the
resource potential is so much that it can cater to all kinds and tastes of
tourists.
India has an ancient tradition of tourism. It
existed as an industry in the informal sector in ancient times and was indulged
in by all classes of people. Mark Twain aptly remarked about India on ‘India’
[National Tourism Policy 2002] that “India is one country that is endowed with
an imperishable interest for alien prince and alien peasant, for the lettered
and the ignorant, the wise and the fool, the rich and the poor, the bonded and
the free – one land that all men desire to see and once seen, by even a
glimpse, would not give the glimpse for all the shows of all the rest of the
globe combined.” The unity of India lies in its diversity – people bound
together by centuries of common traditions, faith and philosophy [Pran Nath,
Sushma 1993].
Indian tourism industry has recorded a phenomenal
growth especially from 1990s in terms of both international and domestic
tourists arrivals [Honnappa, Ramakrishna 2006]. The ministry of Indian tourism
has launched a new programme called ‘Athithi Devo Bhavah’ which means guest is
god. The inspiration behind this expression is to respect because; respect has
always been an essential part of Indian soul. Tourism, which is the third
largest foreign exchange earner in India, has started gaining prominence to the
public agenda only in recent years. Many countries in the world are relying on
tourism as one of the fastest growing sectors. In the Chief Ministers’
conference held on October 2001 [National Tourism Policy 2002] the Prime
Minister of India, Shri. Atal Bihari Vajpayee had stated that “Tourism is a
major phenomenon of economic growth in major parts of the world. Many countries
have transformed their economies using the tourism potential the
fullest……tourism has the potential to create different types of employment
in various sectors – from the most specialized to the unskilled and what India
needs is the generation of massive productive employment opportunities “.
Tourism in India has a strong relevance to
economic development and employment generation. It creates huge employment
opportunities, provides equitable distribution of wealth, helps to acquire the
much needed foreign exchange, brings out a speedy development and improvement
of infrastructural facilities. Developing countries have given a special
importance for the development of tourism, for it is the main source of earning
foreign exchange, thereby the economic status of the country goes up.
There is no widely accepted definition of
sustainable tourism. It could, of course, be suggested that sustainable tourism
should simply be about applying the Brundtland Report definition of
sustainability to tourism. This could lead to a definition such as: “Forms of
tourism which meet the needs of tourists, the tourism industry, and host
communities today without compromising the ability of future generations to
meet their own needs”. There is another definition of sustainable tourism
emphasizes the environmental, social and economic elements of the tourism
system. This definition “means tourism which is economically viable, but does
not destroy the resources on which the future of tourism will depend, notably
the physical environment and the social fabric of the host community”
[Swarbrooke 1999].
Sustainable tourism is the tourism development
that protects important ecological and biological qualities and the process
results in increased economic opportunity for local residents and involves them
in decision- making, and respects the integrity of cultural norms and
traditions. Sustainable tourism development is based on the objective that it
meets the needs of present tourists and host regions while protecting and enhancing
opportunities for the future. It is envisaged as leading to management of all
resources in such a way that economic, social and aesthetic needs can be
fulfilled while maintaining cultural integrity, essential ecological processes,
biological diversity and life support system [Ashraf, Fazili 2004]. For the
development of tourism, the department has decided to develop policies,
strategies and plans for sustainable tourism.
The tourism plan or policy is a gambling that
will definitely have winners or losers that make the public sector tourism
policy a political issue. Tourism has powerful vested interests that will seek
to influence the political process such as transport operators and hoteliers.
Such kind of groups may also oppose measures to make tourism more sustainable.
Rather than giving importance to the merits of tourism view point, the
government and local communities are taking the tourism decisions for political
reasons [Swarbrooke 1999]. The concept of sustainability clearly embraces the
environment, people and economic systems. Therefore sustainable tourism is
based on; social progress reflecting the needs for everyone, effective
protection of environment, prudent use of natural resources, maintenance of
high and stable levels of economic growth and employment.
According to Swarbrooke 1999, there are number
of obstacles that will limit the role of the public sector in tourism, planning
and development. They are;
Tourism is only a low priority for the public
sector and there seems to be a lack of political will to develop sustainable
tourism.
The concept of public sector planning and
regulation are out of fashion
Many public sector bodies lack the financial
resources required to play a major role in tourism planning and development.
There is lack of staff expertise in tourism in
most public sector organizations around the world.
The series of election affects the willingness
of politicians to make the kind of long term decisions on which sustainable
tourism depends.
Public sector is only a minor player in the
tourism industry with least control over tourism products.
Sustainable tourism is lead by motives like
spirit of enquiry, love of beauty, search for knowledge and respect for nature.
It aims at quality tourism which creates least damage to the natural, social
and cultural environment. The sustainable tourism hinges upon the overall
management as a viable method in sustainable tourist activities. The overall
quality approach renders the management of products especially of tourist
areas, extremely sensitive to the preferences and expectations of consumers.
The private and public profitability of a tourist destination will depend on
the client sanitation, since they will return more often and stay longer and
will transmit a positive image of their holiday experience to others. However,
as these preferences and expectations include the demand for unspoilt settings
and consumer satisfaction, the profitability of a tourist spot, will call for
the development of strategies for sustainable development.
1.2 SIGNIFICANCE
Imagine a foreigner asking you for guidance
about the legal issues related to tourism. You could be a travel agent, a hotel
manager, or even a friend. If you do not have a clue about the procedures,
formalities and the seemingly endless number of forms, this article is for you.
India is famous for its tourist hotspots and
attracts a lot of tourists from across the world who come to see India and all
the wondrous attractions. The good news is that getting a tourist visa is not
all that difficult. The bad news is the seemingly endless barrage of legal
formalities to comply with. The confusing nature of the Indian legal system
doesn’t really help either.
This article is also useful for foreign
tourists as it will help them understand the actual requirements and legal
formalities. For example, if a foreign tourist wants to rent a villa in Goa and
her broker tells her that as she is a foreigner, her verification will take
3000 rupees (Broker’s commission extra). Hopefully, by the end of this article,
you, dear tourist, will be better informed.
As the laws are for the betterment of the
society, same is it in the case of tourist as they are our guest and we have
the duty to give them facility and service so that were they could get a good
glimpse of our country. A nation demands respect, love and inspiration from its
tourist and these are best for a developing country.Over the decades, tourism
has experienced continued growth and deepening ?diversification to become one
of the fastest growing economic sectors in the world. Tourism has become a
thriving global industry with the power to shape developing countries in both
positive and negative ways. No doubt it has become the fourth largest industry
in the global economy.
Similarly, in developing countries like India
tourism has become one of the major sectors of the economy, contributing to a
large proportion of the National Income and generating huge employment
opportunities. It has become the fastest growing service industry in the
country with great potentials for its further expansion and diversification.
However, there are pros and cons involved with the development of tourism
industry in the country. Let us discuss the development as well as the negative
and positive impacts of tourism industry in India.
1.3 IMPACT
The impact of tourism on any country is really
seen by their infrastructure, its old history any historical place and its artefacts and etcetera.
We are here to talk about the impact of
tourism in India and i have divided in two parts i) positive impacts on the
nation, ii) negative impact on the nation. And they are as follows:
POSITIVE IMPACTS
1. Generating Income and Employment:
Tourism in India has emerged as an instrument of income and employment
generation, poverty alleviation and sustainable human development. It
contributes 6.23% to the national GDP and 8.78% of the total employment in
India. Almost 20 million people are now working in the India’s tourism
industry.
3. Source of Foreign Exchange Earnings:
Tourism is an important source of foreign exchange earnings in India. This has
favourable impact on the balance of payment of the country. The tourism
industry in India generated about US$100 billion in 2008 and that is expected
to increase to US$275.5 billion by 2018 at a 9.4% annual growth rate.
4. Preservation of National Heritage and
Environment: Tourism helps preserve several places which are of historical
importance by declaring them as heritage sites. For instance, the Taj Mahal,
the Qutab Minar, Ajanta and Ellora temples, etc, would have been decayed and
destroyed had it not been for the efforts taken by Tourism Department to
preserve them. Likewise, tourism also helps in conserving the natural habitats
of many endangered species.
5. Developing Infrastructure: Tourism
tends to encourage the development of multiple-use infrastructure that benefits
the host community, including various means of transports, health care
facilities, and sports centers, in addition to the hotels and high-end
restaurants that cater to foreign visitors. The development of infrastructure
has in turn induced the development of other directly productive activities.
6. Promoting Peace and Stability: Honey
and Gilpin (2009) suggests that the tourism industry can also help promote
peace and stability in developing country like India by providing jobs,
generating income, diversifying the economy, protecting the environment, and
promoting cross-cultural awareness. However, key challenges like adoption of
regulatory frameworks, mechanisms to reduce crime and corruption, etc, must be
addressed if peace-enhancing benefits from this industry are to be realized.
NEGATIVE IMPACTS
1. Cultural
ChangUndesirable Social and e: Tourism sometimes led to the destruction of
the social fabric of a community. The more tourists coming into a place, the
more the perceived risk of that place losing its identity. A good example is
Goa. From the late 60's to the early 80's when the Hippy culture was at its
height, Goa was a haven for such hippies. Here they came in thousands and
changed the whole culture of the state leading to a rise in the use of drugs,
prostitution and human trafficking. This had a ripple effect on the country.
2. Increase Tension and: Tourism can
increase tension, hostility, and suspicion between the tourists and the local
communities when there is no respect and understanding for each other’s culture
and way of life. This may further lead to violence and other crimes committed
against the tourists. The recent crime committed against Russian tourist in Goa
is a case in point.
3. Creating a Sense of Antipathy:
Tourism brought little benefit to the local community. In most all-inclusive
package tours more than 80% of travelers’ fees go to the airlines, hotels and
other international companies, not to local businessmen and workers. Moreover,
large hotel chain restaurants often import food to satisfy foreign visitors and
rarely employ local staff for senior management positions, preventing local
farmers and workers from reaping the benefit of their presence. This has often
created a sense of antipathy towards the tourists and the government.
4. Adverse Effects on Environment : One
of the most important adverse effects of tourism on the environment is
increased pressure on the carrying capacity of the ecosystem in each tourist
locality. Increased transport and construction activities led to large scale
deforestation and destabilisation of natural landforms, while increased tourist
flow led to increase in solid waste dumping as well as depletion of water and
fuel resources. Flow of tourists to ecologically sensitive areas resulted in
destruction of rare and endangered species due to trampling, killing,
disturbance of breeding habitats. Noise pollution from vehicles and public
address systems, water pollution, vehicular emissions, untreated sewage, etc.
also have direct effects on bio-diversity, ambient environment and general
profile of tourist spots.
Talking about impact on the environment we
have some good and bad points on how tourism is beneficial to some extent and
how it is a harm on the environment.
GOOD POINTS
1. Direct Financial Contributions
Tourism can contribute directly to the
conservation of sensitive areas and habitat. Revenue from park-entrance fees
and similar sources can be allocated specifically to pay for the protection and
management of environmentally sensitive areas. Special fees for park operations
or conservation activities can be collected from tourists or tour operators.
2. Contributions to Government Revenues
The Indian government through the tourism
department also collect money in more far-reaching and indirect ways that are
not linked to specific parks or conservation areas. User fees, income taxes,
taxes on sales or rental of recreation equipment, and license fees for
activities such as rafting and fishing can provide governments with the funds
needed to manage natural resources. Such funds can be used for overall
conservation programs and activities, such as park ranger salaries and park
maintenance.
3. Improved Environmental Management and
Planning
Sound environmental management of tourism
facilities and especially hotels can increase the benefits to natural
environment. By planning early for tourism development, damaging and expensive
mistakes can be prevented, avoiding the gradual deterioration of environmental
assets significant to tourism. The development of tourism has moved the Indian
government towards this direction leading to improved environmental management.
4. Raising Environmental Awareness
Tourism has the potential to increase public
appreciation of the environment and to spread awareness of environmental
problems when it brings people into closer contact with nature and the
environment. This confrontation heightens awareness of the value of nature
among the community and lead to environmentally conscious behavior and
activities to preserve the environment.
6. Protection and Preservation of Environment
Tourism can significantly contribute to environmental
protection, conservation and restoration of biological diversity and
sustainable use of natural resources. Because of their attractiveness, pristine
sites and natural areas are identified as valuable and the need to keep the
attraction alive can lead to creation of national parks and wildlife parks.
In India, new laws and regulations have been
enacted to preserve the forest and to protect native species. The coral reefs
around the coastal areas and the marine life that depend on them for survival
are also protected.
BAD POINTS
1. Depletion of Natural Resources: Tourism
development can put pressure on natural resources when it increases consumption
in areas where resources are already scarce.
(i) Water resources: Water, especially fresh
water, is one of the most critical natural resources. The tourism industry
generally overuses water resources for hotels, swimming pools, golf courses and
personal use of water by tourists. This can result in water shortages and
degradation of water supplies, as well as generating a greater volume of waste
water.In dryer regions like Rajasthan, the issue of water scarcity is of
particular concern.
(ii) Local resources: Tourism can create great
pressure on local resources like energy, food, and other raw materials that may
already be in short supply. Greater extraction and transport of these resources
exacerbates the physical impacts associated with their exploitation. Because of
the seasonal character of the industry, many destinations have ten times more
inhabitants in the high season as in the low season. A high demand is placed
upon these resources to meet the high expectations tourists often have (proper
heating, hot water, etc.).
(iii) Land degradation: Important land
resources include minerals, fossil fuels, fertile soil, forests, wetland and
wildlife. Increased construction of tourism and recreational facilities has
increased the pressure on these resources and on scenic landscapes. Direct
impact on natural resources, both renewable and nonrenewable, in the provision
of tourist facilities is caused by the use of land for accommodation and other
infrastructure provision, and the use of building materials.
Forests often suffer negative impacts of
tourism in the form of deforestation caused by fuel wood collection and land
clearing e.g. the trekking in the Himalayan region, Sikkim and Assam.
2. Pollution
Tourism can cause the same forms of pollution
as any other industry: air emissions, noise, solid waste and littering,
releases of sewage, oil and chemicals, even architectural/visual pollution.
(i) Air and Noise Pollution: Transport by air,
road, and rail is continuously increasing in response to the rising number of
tourist activities in India. Transport emissions and emissions from energy
production and use are linked to acid rain, global warming and photochemical
pollution. Air pollution from tourist transportation has impacts on the global
level, especially from carbon dioxide (CO2) emissions related to transportation
energy use. And it can contribute to severe local air pollution. Some of these
impacts are quite specific to tourist activities where the sites are in remote
areas like Ajanta and Ellora temples. For example, tour buses often leave their
motors running for hours while the tourists go out for an excursion because
they want to return to a comfortably air-conditioned bus.
Noise pollution from airplanes, cars, and
buses, as well as recreational vehicles is an ever-growing problem of modern
life. In addition to causing annoyance, stress, and even hearing loss for
humans, it causes distress to wildlife, especially in sensitive areas.
(ii) Solid waste and littering: In areas with
high concentrations of tourist activities and appealing natural attractions, waste
disposal is a serious problem and improper disposal can be a major despoiler of
the natural environment - rivers, scenic areas, and roadsides.
In mountain areas of the Himalayas and
Darjeeling, trekking tourists generate a great deal of waste. Tourists on
expedition leave behind their garbage, oxygen cylinders and even camping
equipment. Such practices degrade the environment particularly in remote areas
because they have few garbage collection or disposal facilities.
(iii) Sewage: Construction of hotels,
recreation and other facilities often leads to increased sewage pollution.
Wastewater has polluted seas and lakes surrounding tourist attractions,
damaging the flora and fauna. Sewage runoff causes serious damage to coral
reefs because it stimulates the growth of algae, which cover the filter-feeding
corals, hindering their ability to survive. Changes in salinity and siltation
can have wide-ranging impacts on coastal environments. And sewage pollution can
threaten the health of humans and animals. Examples of such pollution can be
seen in the coastal states of Goa, Kerela, Maharashtra, Tamil Nadu, etc.
3. Destruction and Alteration of Ecosystem
An ecosystem is a geographic area including
all the living organisms (people, plants, animals, and micro-organisms), their
physical surroundings (such as soil, water, and air), and the natural cycles
that sustain them. Attractive landscape sites, such as sandy beaches in Goa,
Maharashtra, Kerela, Tamil Nadu; lakes, riversides, and mountain tops and
slopes, are often transitional zones, characterized by species-rich ecosystems.
The threats to and pressures on these ecosystems are often severe because such
places are very attractive to both tourists and developers. Examples may be
cited from Krushedei Island near Rameswaram. What was once called paradise for
marine biologists has been abandoned due to massive destruction of coral and
other marine life. Another area of concern which emerged at Jaisalmer is
regarding the deterioration of the desert ecology due to increased tourist
activities in the desert.
Moreover, habitat can be degraded by tourism
leisure activities. For example, wildlife viewing can bring about stress for
the animals and alter their natural behavior when tourists come too close.
Safaris and wildlife watching activities have a degrading effect on habitat as
they often are accompanied by the noise and commotion created by tourists.
1.4 STATUTORY PROVISIONS
The Acts and laws applicable to foreigners
Almost everything that a foreigner needs to know
in terms of compliance is based on the following-
Passport (Entry into India ) Act of 1920
Registration Of Foreigners Act of 1939
The Foreigners Act of 1946
While you don’t necessarily have to read these
arcane laws, you need to pay attention to a few mandatory formalities. They
are-
1. The
Foreigner’s Registration Office
Based on our conversations with (the few) foreign
nationals we have spoken to, it seems that the Foreigner Regional Registration
Office (FRRO) is the most dreaded institution in the eyes of foreign tourists.
The reasons for this apprehension range from the number of documents and forms
that are needed to the implicit demand for “Speed Money” to actually move
things along. Unfortunately, The Foreigner’s Registration is the procedure
every foreign national entering into India absolutely must go through. The good
news here is that as a foreign national, you can register yourself in the
airport itself (assuming you have arrived by air).
Most foreign nationals must register themselves
within 14 days of arrival into India. An exception to this are Pakistani
nationals who must register themselves within 24 hours of landing in
India. All Afghan nationals are required
to register with the FRRO/FRO concerned within 14 days of arrival except those
Afghan nationals who enter India on a visa valid for 30 days or less. This
exemption is based on the proviso that the Afghan national concerned gives
his/her local address in India to the Indian Mission/FRRO/FRO. The Afghan
nationals who are issued visas with an ‘Exemption from police reporting’ are
exempt from Police reporting and are not required to obtain Exit permission,
provided they leave within the Visa validity period.
If the visa of the foreign national has special
endorsement such as “REGISTRATION NOT REQUIRED IF EACH STAY DOES NOT EXCEED 180
DAYS” then they are exempted from registration at the FRRO.
2. Legal
issues relating to staying in a hotel
Rule 14 of Registration of Foreigners Rules
requires hotel-managers to follow some procedures. A register needs to be
maintained by the management of the hotels. As a foreign tourist, you will also
need copies of the Form C and Form F from Registration of Foreigners Rules,
1932. You can get them from any Foreigners Registration Office and online.
According to the Rule 14, every hotel-keeper
needs to take down the name, nationality and signature (or thumb impression by
which he/she, i.e. the foreigner, is accustomed to attest a document) on the
arrival of a foreign national. The management of the hotel/guest house must
inform the police of the arrival of the guest within 24 hours.
The visitor shall furnish all the documents as
specified in Rule 14, such as passport, photographs, Identity proof etc.
(Please see items 4 to 10 of the register to be maintained under Form F).
The visitor at the time of his departure from
such hotel must furnish the particulars necessary for recording, in the said
register, the date and time of his departure and the address to which he/she is
proceeding.
According
to the rule, a “Hotel” in this context includes any boarding-house, club,
dak-bungalow (government guest house), rest house, paying guest-house, sarai or
other premises of like nature.
3.
Provisions relating to Restricted or protected areas
There are some indigenous areas in India which
are protected for security reasons. If you want to travel to these areas you
need a restricted/protected area permit. Some of these areas are not tourist
attractions (for example, a military research facility).
A foreign national is not allowed to visit the
protected/restricted areas until and unless the Government is satisfied with
the extra-ordinary reason to visit such areas.
An application has to be made to obtain the
restricted/protected area permit with the concerned authority. If the powers
have been delegated to such authority by the Government of India, then approval
for such permission should be sent to Ministry of Home Affairs at least eight
weeks before the expected visit for further approval.
Permission should not be issued to the nationals
of Pakistan, Afghanistan, Foreign Nationals of Pakistani origin and China
without the consent and approval of Ministry of Home Affairs.
The special instructions to be followed while
issuing such permit:-
The permit is valid for group tourists consisting
of two or more persons only.
The permit holder must keep sufficient number of
photocopies of the permit as he/she may be required to deposit a copy at each
point of entry/exit.
The permit is valid for the specific tourist
circuit/route and the specific entry / exit point. No area other than the ones
indicated in the permit shall be visited.
The permit holder shall not stay in the
restricted/protected area after the expiry of the permit.
A foreigner must enter/exit the North-Eastern
States by air only.
A foreigner can travel within the North Eastern
states through the National Highways or by air. While travelling by road, the
tour should be undertaken largely through the National Highways. Where the
places to be visited are situated on a National Highway, no other road should
be utilized. In cases where the places, which are to be visited, are not on a
National Highway, the tour should be undertaken in such a way that the maximum
distance is travelled on a National Highway, restricting the utilization of
other road routes to the minimum.
Public Protocol
A lot of the issues in Indian law stem from the
fact that the vague wording of the Indian Penal Code gives the cops an unfair
amount of wiggle room. While in the cities you might find rows of couples
making out beneath skimpy scarves by the shoreline, more rural areas can tend
to object to even holding hands or a peck on the cheek. Always try to gauge the
atmosphere first, and if reprimanded by a police officer, be apologetic to the
point of grovelling. Rudeness and high-handedness will get you nowhere. Nudity
or going topless in public is never an option at any beach. Bikinis are best
avoided on most beaches in South India, which is home to religious sites.
Public Nuisance
Section 268 defines this as “an illegal omission
which causes any common injury, danger or annoyance to the public or to the
people in general.” Note the use of the term ‘annoyance’, again widely open for
interpretation. Avoid disturbing residents with loud noises, public drunkenness
or anything that could be construed as vandalism. Sexual harassment is
punishable by law.
Recording
You obviously want a trove of videos and
photographs to take home, and India provides a multitude of photo ops, but try
and be a little careful in sensitive areas. Military and government zones,
crowded airports and railway stations are always on high alert for security
threats, you don’t want to be mistaken for one. Put away binoculars, if you’re
carrying any.
Substance laws
Alcohol
The legal age for drinking varies from state to
state from 18 to 25, so do some local research before you go. A distinction is
usually made between mild liquor (beer and wine) and hard (spirits). Avoid any
local liquors not vetted by your hotel manager or tour guide, and again, no
public drunkenness. If an election is nearing, alcohol may be banned for a
couple of days prior, and days of local religious or political significance are
also usually dry. Some states are dry year round, or require a permit to buy,
transport or consume alcohol. Carriage of alcohol between states is often
illegal due to the varying alcohol laws, you may be stopped for a random check.
Drugs
Unequivocally illegal. Cigarettes and chewing
tobacco are available on every street corner and don’t carry much social
stigma. However, for anything else-
there is a minimum sentence of 6 months for possession of small amounts
deemed for personal consumption only, and a 10-year sentence for possession of
anything sufficient for trafficking. Convicted offenders can expect fines and a
minimum jail sentence of 10 years.
Beef
In 2015, several states declared a blanket ban on
export, import and sale of beef and beef products, a continuation of the
prevention of cow slaughter laws. Deliberate killing or maiming of a cow can
attract a five-year prison sentence, so be careful when you drive!
Contraband
Transport and possession of firearms, antiques,
electronic equipment, local currency, ivory, gold objects and pornographic
materials are all regulated by the government. Non-residents cannot import or
export the Indian rupee, while Indian citizens have limits. For more
information, consult India’s Central Board of Excise and Customs. Antiques,
specifically, must be registered with local police, along with a photograph of
each item. Satellite phones are illegal.
Identification
Carry your passport with you at all times, you
will require it for all check-ins at hotels or airports. If you’re brave enough
to drive in Indian traffic, make sure you have an international driving permit
and a helmet for motorcyclists and passengers.
The Indian legal process is cumbersome and
lengthy. Do your best to avoid any brush with the law. Individuals arrested on
a major offence can languish in jail for years before a verdict is reached.
Indian ‘red-tape’ism can hamper with your consulate’s attempts to help. Try not
to forget that India still awards the death penalty for the ‘rarest of
rare’cases. This is another excellent example of our tendency for vague
wording. Always keep in mind your rights and defend your innocence, but
courteously.
1.5 CASE LAWS
Indian citizens and National Register of
Citizens.
Indian nationality law is governed by the
Citizenship Act, 1955 (Articles 5 to 11 (Part II) of the Constitution of
India), which has been amended by the Citizenship (Amendment) Acts of 1986,
1992, 2003, 2005, 2015 and 2019.
The National Register of Citizens of India (NRC)
is a register maintained by the Government of India containing names and
certain relevant information for identification of Indian citizens of Assam
state.The register was first prepared after the 1951 Census of India and since
then, the exercise to update it for the first time commenced only recently due
to an order of the Supreme Court of India in the year 2013.
The Government of India and various state
governments are at varying stages of implementing the NRC at the national and
state level.
Foreigners
Persons in India without either a valid Indian
citizenship or a visa are "illegal immigrants". Illegal immigrants
are subject to The Foreigners Act, 1946 which defines a foreigner as a person
who is not a citizen of India. According to Foreigners (Amendment) Order, 2015
persons belonging to minority communities in Bangladesh and Pakistan, namely,
Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to
seek shelter in India due to religious persecution or fear of religious
persecution and entered into India on or before 31 December 2014 with or
without valid documents including passport or other travel document are granted
exemption from the application of provisions of the Foreigners Act, 1946. Where
the nationality of a person is not evident, the onus of proving whether a
person is a foreigner or not shall lie upon such person. Furthermore, anyone
who believes that a foreigner has entered India, or the owners and managers of
the property where such a foreigner resides illegally in India must inform the
nearest police station within 24 hours of their presence becoming known. The
Foreigners Act empowers the Indian administration to detain a person until they
are deported back to their country.
Illegal migrants
Preventing the entry of illegal migrants into
India is important as they impose pressure on citizens and pose a security
threat, especially in sensitive areas such as Jammu and West Bengal. For
example, the Indian security establishments said that "Some Rohingyas
sympathizing with many militant group's ideologies may be active in Jammu,
Delhi, Hyderabad, and Mewat and can be a potential threat to internal
security."
According to Indian law, illegal immigrants are
not refugees. Since India is not a signatory to the 1951 Refugee
Convention,[18][19] the United Nations principle of non-refoulement and
impediment to expulsion does not apply in India. Illegal immigrants are denied
impediment to expulsion if they do not fall within the host country's legal
definition of a lawful refugee.
Illegal immigrants are people who migrate to a
country in violation of the immigration laws of that country, or the continued
residence of people without the legal right to live in that country. Illegal
immigration tends to be financially upward, from poorer to richer countries.
In 2005, the Illegal Migrants (Determination by
Tribunal) Act, 1983 was rejected by the Supreme Court of India which held that
the act "has created the biggest hurdle and is the main impediment or
barrier in the identification and deportation of illegal migrants."On 9
August 2012, during a Supreme Court hearing about a public interest litigation
petition for deportation of illegal migrants, it was told that the policy of the
government of India does not support any kind of illegal migration either into
its territory or illegal immigration of its citizens and the government is
committed to deporting illegal Bangladeshi migrants, but only lawfully.
Legal refugees
The government of India has recognised immigrants
from Tibet and Sri Lanka as refugees in the past, providing free education and
some identification to the former.
The Citizenship Amendment Act 2019 amended the
Citizenship Act, 1955 to allow migrants from minority communities like Hindu,
Sikh, Buddhist, Jain, Christian, parsi who fled religious persecution from
Afghanistan, Bangladesh, and Pakistan to be eligible for Indian citizenship
provided they came into the country on or before 31 December 2014, excluding
people from the Muslim community (the majority community of those nations).
Afghanistan immigrants
By 2009, India had over 13,000 illegal immigrants
from Afghanistan.
Bangladeshi immigrants
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An estimation made in the year 2000 placed the
total number of illegal Bangladeshi immigrants in India at 1.5 crores, with
around 300,000 entering every year. Some people say that for each illegal
immigrant that is caught, four illegally enter the country. While many
immigrants have settled in the border areas, some have moved on, even to
faraway places such as Mumbai and Delhi. During the UPA government, Sriprakash
Jaiswal, Union Minister of State for Home Affairs, made a statement in
Parliament on 14 July 2004, saying that "20 million illegal Bangladeshi
infiltrators were living in India", and West Bengal had the most with 5.7
million Bangladeshis. More recently, Kiren Rijiju, Minister of State for Home
Affairs in the NDA government has put the figure at around 24 million Critics point
out that the Bengali politicians, particularly those from the ruling Trinamool
Congress and the CPI (M), believe that a soft approach to the problem helps
them to win Muslim votes.
According to the 2001 census, 3,084,826 people in
India came from Bangladesh. No reliable numbers on illegal immigrants are
currently available. Extrapolating the census data for the state of Assam alone
gives a figure of 2 million. Figures as high as 20 million are also reported in
the government and media. Samir Guha Roy of the Indian Statistical Institute
called these estimates "motivated exaggerated". After examining the
population growth and demographic statistics, Roy states that while a vast
majority are illegal immigrants, significant amounts of internal migration is sometimes
falsely thought to be immigrants. An analysis of the numbers by Roy revealed
that on average around 91000 Bangladeshis illegally crossed over to India every
year during the years 1981-1991.
The Bangladesh Liberation War and continued
political and economic turmoil in Bangladesh in the following decades forced
some Bangladeshis to seek refuge in India. During the war, at least 10 million
Bangladeshis crossed into India illegally to seek refuge from widespread rape
and genocide. Most of them migrated to the border states, particularly West
Bengal and Assam. Due to persecution, illegal migrants have been defined in
Assam Accord as those who infiltrated illegally after 24 December 1971.
Burmese immigrants
There are an estimated 50,000-100,000 Burmese Chin
immigrants residing in India, mostly in the Indian state of Mizoram and a small
number in Delhi.
Pakistani immigrants
About 7,700 illegal immigrants from Pakistan
resided in India in 2009. Many of the migrants are Hindus and Sikhs, who have
overstayed, attempting to gain citizenship.
In recent years, thousands of Rohingya people
have been entering India illegally.There are over 40,000 Rohingya illegal
immigrants in India, mostly in Assam, West Bengal and Jammu & Kashmir. On 7
September 2017, Kiren Rijiju, the Minister of State and Home Minister of India,
said that "all the Rohingya refugees are illegal immigrants and will be
deported back". and further added "India has the highest number of
refugees in the entire world, hence India does not need a lecture on refugee
crisis and management."
Concerns over Bangladeshi illegal immigrants
In 2005, a Supreme Court bench ruled Illegal
Migrants (Determination by Tribunal) Act (IMDT) as unconstitutional while, with
reference to the Sinha Report,maintained that the impact of the
"aggression" represented by large-scale illegal migration from
Bangladesh had made the life of the people of Assam and Tripura "wholly
insecure and the panic generated thereby had created fear psychosis" in
other north-eastern States. In August 2008, the Delhi High Court dismissed a
petition by a Bangladeshi national against her deportation. The High Court
ruled that the illegal Bangladeshi immigrants "pose a danger to India's
internal security".
National security threats
Apart from immigrants, a large number of
smugglers regularly cross the porous border along West Bengal into India.[49]
They mainly engage in smuggling goods and livestock from India into Bangladesh
to avoid a high tariff imposed on some Indian goods by Bangladesh government.[49]
Bangladeshi women and girls are also trafficked to India. The Centre for Women
and Children Studies estimated in 1998 that 27,000 Bangladeshis have been
forced into prostitution in India.According to the CEDAW report, 10% of all
prostitutes in India and 27% of prostitutes in Kolkata are from Bangladesh.
Rohingya adds economic pressure on Indian
populace; due to their militant activities, they pose a security threat,
especially in sensitive areas such as Jammu and West Bengal. Some Indian
security establishments[who?] stated that "Some Rohingyas sympathizing
with many militant group's ideologies may be active in Jammu, Delhi, Hyderabad,
and Mewat and can be a potential threat to internal security.
In Assam, the Assam Movement against illegal
immigrants started as early as 1979 and ended in 1985, led by the All Assam
Students Union. Over six years, 855 (later on 860 as submitted by AASU) people
sacrificed their lives in the hope of an "Infiltration Free
Assam".[54][55] They demanded an end to the influx of immigrants and
deportation of those who have already settled.[33] It gradually took a violent
turn and ethnic violence began between Assamese and Bengalis, mostly Muslims.
It eventually led to the infamous Nellie massacre in 1983 due to a controversy over
the 1983 election. In 1985, the Indian Government signed the Assam Accord with
the leaders of the protest to stop the issue. As per the accord, India began
building a fence along the Assam-Bangladesh border which is now almost
complete. However, Assam also has a large number of legal Indian Muslims. It is
difficult to distinguish between illegal Bangladeshis and local Bengali
speakers. In some cases, genuine Indian citizens have been discriminated
against.Allegations exist that nationalist parties such as the Bharatiya Janata
Party as well as the Indian National Congress have discriminated against
Bengali-speaking Muslims. On the other hand, reports of Bangladeshis being able
to secure Indian ration and voter identity cards have come out.
After the 1991 census, the changing demographic
patterns in border districts became more visible. It created anxiety and
tension in India throughout the nineties. Both conservatives, as well as
moderates, expressed concern on this issue. The first BJP government came into
power in 1998 and subsequently ordered the construction of the Indo-Bangladesh
barrier to stop migrants and illegal trade along the border. It was planned to
enhance the already existing barrier in Assam and to encircle West Bengal,
Tripura and Mizoram as well.
There is an organised influx of nearly 40,000
illegal Bangladeshi and Rohingya Muslim immigrants in Delhi who have been said
to pose a national security risk and threaten the national integration. A
lawyer named Ashwini Upadhyay filed a Public Interest Litigation in the
"Supreme Court of India"to identify and deport these. In a response
to this PIL, Delhi Police told the SC in July 2019 that nearly 500 illegal
Bangladeshi immigrants had been deported in the preceding 28 months.
1.6 ANALYSIS
Travel and tourism is one of the largest
industries in India, with a total contribution of over 247 billion U.S. dollars
to the country’s GDP in 2018. This is expected to reach over 500 billion U.S.
dollars by 2029. Despite the ailing economy, the tourism industry has shown no
signs of slowing down, and instead has grown as an important source of foreign
exchange for the country. And for the people on the ground, it has been
creating jobs in India, providing direct and indirect employment.
India is one of the fastest emerging tourist
destinations in the world. With beautiful varying landscapes from beaches to
snowclad mountains with diverse culture, traditions and cuisines, the country
has plenty to offer for international and domestic tourists alike. Moreover, awareness
and marketing initiatives such as the Incredible India campaign along with the
newly introduced e-visa options, help make travelling to India more accessible
for international tourists. This has dramatically increased the inflow of
foreign tourists between 2000 and 2018. The country welcomed over ten million
foreign tourists in 2018, out of which Bangladeshi tourists made up the largest
share, followed by American and British tourists.
On the domestic front, the government has
recently come up with the ‘Dekho Apna Desh’ scheme to persuade citizens to
explore the country. As an incentive, travel expenses will be covered by the
Ministry of Tourism for any person who visits and documents 15 domestic tourist
destinations within a year. One of the biggest target audience for this
initiative is the country’s rapidly growing middle class with rising disposable
incomes and a newfound passion to travel. This is clearly seen when one looks
at the domestic tourism numbers. In 2018 alone, over 1,854 million domestic
tourist visits were made across all Indian states and union territories,
resulting in the highest flow of domestic tourism in over a decade.
Domestic tourists have always been the driving
force behind Indian tourism and hospitality industry. Many travel companies tap
in on this potential by offering low fares and budget-friendly tour packages,
especially for air-travel. Currently, the country has over 125 functional
airports, and many low-cost airline operators have dominated the domestic
aviation industry. India is expected to become the third-largest aviation
market by 2024, behind China and the United States.
Even the hospitality industry in India has seen
strong and consistent growth over recent years. In 2016, the average daily rate
of hotels was at its lowest in a decade at around 85 U.S. dollars. Despite the
falling average daily rate, the occupancy rate of the hotel industry in India
has remained stable over the last few years at around 60 percent annually. With
the advent of non-traditional accommodation like homestays, hostels, serviced
apartments, Airbnb and OYO Rooms, there has been a shift in dependency from
traditional hotel room occupancy. Furthermore, the travel and tourism industry
in India is witnessing a new wave of development in terms of infrastructural
provisions, connectivity and safety for travelers.
1.6 CONCLUSION
Proper regulatory measures should be taken which
ensures the safety of the ecosystem as well as help in the development of
natural flora and fauna.
Strict laws should be made which limits the
number of visitors to a specific area, which would reduce the negative impacts
on the resources of the place.
Waste management and pollution prevention
techniques should be implemented which would minimize the impact of waste and
pollution on the environment.
