India Relaxes Law for Religious Minority Asylum Seekers

Notification grants special permission for Tibetan refugees; citizens of Nepal and Bhutan allowed cross-border travel without passports under conditions.

India has introduced major changes to restrictions on foreigners seeking asylum. According to a new notification issued by the Ministry of Home Affairs, religious minorities from neighboring countries—Bangladesh, Pakistan, and Afghanistan—who entered India without documents before December 31, 2024, will not be considered foreigners.

The notification states that under the Immigration and Foreigners (Exemption) Act, 2025, if individuals from Afghanistan, Pakistan, and Bangladesh are Hindu, Sikh, Buddhist, Jain, Parsi, or Christian and fled their countries due to religious persecution, they will not be treated as foreigners even without valid passports or visas. However, the exemption applies only to those who entered India before the end of 2024.

The notification further mentions that Tibetan refugees will receive special permission, while citizens of Nepal and Bhutan will be allowed to travel across borders without passports, subject to certain conditions.

Additionally, the decision allows foreign military personnel and diplomats visa exemptions for participation in multilateral exercises, humanitarian missions, and official agreements.

Political experts say the decision will have the greatest impact in West Bengal, Assam, Delhi, Gujarat, and Rajasthan, where hundreds of thousands of undocumented foreigners may now be able to stay legally in India.

The ruling Bharatiya Janata Party (BJP) has hailed the move as a “humanitarian and historic step.” Opposition parties, however, argue it is a political tactic to overshadow the contentious Citizenship Amendment Act (CAA) ahead of upcoming elections.

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