18-Dec-2018: Chairperson, NCST seeks re-imposition of Restricted Area Permit regime in six Islands in Andaman & Nicobar Islands

Dr. Nand Kumar Sai, Chairperson, National Commission for Scheduled Tribes (NCST) has written to Union Home Minister seeking re-imposition of Restricted Area Permit regime in six Islands in Andaman and Nicobar inhabited by Andamanese, Jarawas, Sentinelese, Onges and Shompens.

The National Commission for Scheduled Tribes has regretted that in spite of reservations expressed by the Commission for excluding 29 inhabited islands in Andaman and Nicobar from Restricted Area Permit regime, the Ministry of Home Affairs on 17th September, 2018 have further relaxed the provisions by deleting the requirement of mandatory registration by foreigners visiting A&N Islands with FRO and added Viper Island to the list of islands already exempted by its circular dated 29th June, 2018.

The Commission is of the view that the above directives of the Ministry of Home Affairs are not in consonance with the spirit of Article 338A (9) of the Constitution of India which mandates that “Union and every State Government should consult the Commission on all major policy matters affecting Scheduled Tribes.”

In the recent times, the Commission was alarmed by a news report on 22.11.2018 regarding alleged killing of an US National in the North Sentinel Island in Andaman. The Commission held a meeting with Additional Secretary (UT) on 28th November, 2018 to discuss the above issue at New Delhi. Further, the Full Commission visited Andaman Islands from 4th to 6th December, 2018 and held discussions with Chief Secretary, Director General of Police, Director of Anthropological Survey of India, IG Coast Guards and other local stake holders such as Fishermen’s Associations, Andaman Chamber of Commerce and Industries, NGOs and Civil Society members at Port Blair.  The Commission also met the Lieutenant Governor at Raj Niwas and discussed the issues. On 5th December, 2018, the Commission had occasion to visit the Jarawa region in South Andaman and interacted with Jarawas with assistance from volunteers from Andaman Adim Janjati Vikas Samiti (AAJVS) and interacted with police personnel deployed at Jirkatang check gate.

The Commission, after careful consideration, recommends the following steps to be taken by the Government of India and Andaman Administration for protection of five Particularly Vulnerable Tribes (PVTGs) living in Andaman and Nicobar Islands on urgent basis:

1. The names of Strait Island (Andamanese), Middle and South Andaman (Jarawas), North Sentinel Island (Sentinelese), Little Andaman (Onges) and Great Nicobar (Shompens) inhabited by PVTGs should be removed from the list of 29 islands mentioned in Annexure to the Circular No.506 dated 29th June, 2018 of the Ministry of Home Affairs.
2. Large size posters/hoardings should  be put up at the airport, seaport and all other important places in Andaman and Nicobar Islands decrying tourism and/or visit of any kind by the people to the above six islands inhabited by the PVTGs.
3. Surveillance and patrolling including the checking of vessels/vehicles found abutting the above six Islands should be strengthened by UT Police and Coast Guards. Daily Incident Report (DIR) on their patrolling activities should be webhosted in the official website of Andaman Administration and other related public portals.
4. Air space above the North Sentinel Island should be declared as “NO FLY ZONE” for any type of civil aircraft.
5. A comprehensive outreach programme should be launched by Andaman and Nicobar Administration to sensitize fishermen, tourist guides, tour operators, hotel industry and other stake holders on the “EYES ON” and “HANDS OFF” policy for Sentinelese so that they can be eyes and ears of the Administration.

14-Nov-2018: Liberalization of visa regime of India during the last one year

India has a robust visa regime to facilitate smooth entry, stay and movement of foreigners in India for legitimate purposes while ensuring the security of the country. During the last one year, the MHA has taken a series of steps to liberalize the visa process in India. Some of the major steps are described below:

The Electronic Visa Facility now covers practically all the countries of the world. Foreign nationals of 166 countries can now enjoy this facility at 26 airports and 05 seaports. The foreigner does not have to interact with any Indian official till his arrival at the immigration counter. The Bureau of Immigration (BoI) generally decides within 24-48 hours whether or not to grant an e-visa to a foreigner. The popularity of e-visa is sky rocketing. The number of foreigners who visited India on e-visa has gone up from 4.47 lakhs in 2015 to 17.00 lakhs in 2017. The figure for 2018 is 18.78 lakhs upto 30th October, 2018.

Two new categories of e-visa i.e. e-Conference & e-Medical Attendant visa have been introduced recently. E-visa is now available for five categories i.e. (i) Tourist, (ii) Business (iii) Medical (iv) Conference and (v) Medical attendant.

The local FRRO has been empowered now to extend duration of electronic visas beyond 60 days upto 90 days. Moreover, these e-visas can now be availed three times in one year against twice in a year earlier.

For foreigners who are already in India and who require any consular/visa services like extension of visa, conversion of visa, exit permission or any of the total 27 visa-related services, an online e-FRRO facility has now been launched throughout the country. The foreigners do not have to physically visit the offices of FRROs/FROs. They can apply as well as receive consular/visa services online after making online payment.

To promote cruise tourism immigration facilities have been provided at five major seaports where e-Landing Permits are granted to passengers for their onshore site-seeing. The condition of biometric enrollment for such tourists arriving at the ports of Mumbai, Cochin, Mormugao, Chennai & New Mangalore has also been suspended till December, 2020 to ensure faster immigration clearance so that cruise tourists can spend maximum time on shore.

Foreign nationals who fall sick during their stay in India can now avail medical treatment without converting their visa into Medical Visa. This would take care of sudden medical emergencies.

Allowing conversion of any category of visa of a foreign national who is married to an Indian citizen/Person of Indian Origin/OCI Cardholder into an Entry Visa at any point of time by the FRRO himself.

Facilities such as extension of employment and business visas for a period up to ten years within India as against five years at present; extension of visa of foreigners who are staying in India upto 15 years continuously and for 5 years at a time; permitting a foreign national who is already in India on Long Term Visa to attend international conferences/seminars/workshops without any specific permission from the FRRO concerned have also been extended.

FRROs have been delegated powers for various visa related services like Visa extension, Visa conversion, registration, exit permission, etc. These measures will help in expediting clearances for various visa related services to foreigners and cut their waiting time.

FRROs have been delegated power for various visa related services like Visa extension. Visa conversion, registration, exit permission, etc. These measures will help in expediting clearances for various visa related services to foreigners and cut their waiting time.

Foreigners require Restricted Area Permit/Protected Area Permit besides a proper visa to visit areas which have been declared as "Restricted" or "Protected" areas. In many cases such permits are granted only after a Prior Reference is made by the concerned State/UT Govt. to the MHA. This takes time and creates another entry barrier for a foreigner. The MHA has now rationalized issuance of such permits. Prior Clearance of the MHA for grant of Protected Area Permit (PAP) and Restricted Area Permit (RAP) to foreigners in the following three major areas has been dispensed with :

➢ Foreigners intending to visit a place covered under the PAP/RAP regime for activities other than tourism on a visa other than Tourist Visa;

➢ Foreigners visiting a place for tourism purpose which is not opened for tourism;

➢ Individual foreign tourists.

Accordingly, the State Government concerned or the FRROs can now take decision locally and grant PAP or RAP to such foreigners immediately.

Earlier, foreigners visiting Andaman & Nicobar Islands required a visa as well as an RAP. With a view to promote flow of tourism and investment, 30 islands of Andaman & Nicobar have been excluded from the RAP regime notified under the Foreigners (Restricted Areas) Order, 1963. Foreigners will also be allowed to visit 11 uninhabited islands, to be notified by Andaman & Nicobar Islands Admn., only for day trips without any RAP. Requirement of registration by foreigners visiting these islands has also been dispensed with.

Provisions relating to grant of intern visa have been liberalized with a view to attract more foreigners for internship in India which will be beneficial to Indian organizations. Intern Visa is now available at any time during the course of study. Further, minimum remuneration requirement for grant of intern visa for internship in a company has been reduced from Rs.7.80 lakhs to Rs.3.60 lakhs per annum.

With a view to enhance transparency and speed in processing of grant of event clearance for international conferences/seminars/workshops, an e-Event Clearance Module has been rolled out in April, 2018. Faster conference clearance would result into faster visa issuance for the foreigners intending to attend such conference.

7-Aug-2018: Restricted Area Permit eased for foreigners visiting 29 Andaman and Nicobar Islands

Foreigners visiting Andaman & Nicobar Islands will no longer need a restricted area permit (RAP) to visit 29 inhabited islands of the Union territory. Government has decided to exclude the said islands from the RAP regime, subject to certain conditions, to boost tourism and overall development of Andaman & Nicobar Islands.

Among the de-notified islands are Havelock Island, Neil Island, Little Andaman, Baratang Island and Katchal Island.

RAP regime was notified under the Foreigners (Restricted Areas) Order, 1963 till 31.12.2022. A communication lifting RAP for the 29 islands has been sent to the chief secretary, A&N administration.

The list of the islands permitted for foreigners visit includes East Island, North Andaman, Smith Island, Curfew Island, Stewart Island, Land Fall Island, Ayes Island, Middle Andaman, Long Island, Strait Island, North Passage, Baratang, South Andaman, Havelock, Neil Island, Flat Bay, North Sentinel Island, Little Andaman, Chowra, Tillang Chong Island, Teressa, Katchal, Nancowry, Kamorta, Pulomilo, Great Nicobar, Little Nicobar, Narcondam Island and Interview Island.

Foreigners will also be allowed to visit 11 uninhabited Islands, to be notified by Andaman and Nicobar Islands Administration, only for day visits. Citizens of Afghanistan, China and Pakistan and foreign nationals having their origin in these countries would continue to require RAP to visit Andaman & Nicobar Islands. In such cases, RAP may be granted only after obtaining prior approval of the ministry of home affairs. For visiting Mayabunder and Diglipur, citizens of Myanmar will continue to require RAP which shall be issued only with the prior approval of the MHA.