BY PRADNYA GAONKAR

The Government of India has made it mandatory for tourists to wait for two months before they can re-enter the country. Locals are apprehensive that this may affect the tourism industry.

INDIA’S POLICY towards tourists has changed since the 26/11 Mumbai terror attack. Government investigations have revealed loops in the nation’s security arrangements. As a part of the strict vigil on the entry of anti-social elements in the country, the Government of India has cracked down on foreign tourists visiting the country. The security department has imposed strict rules on tourists who wish to come down on long term tourist visas and those visiting neighbouring countries like Nepal for transit visas. This has been done in the wake of the arrest of David Headley and Tahawwur Rana, who were indicted for their alleged involvement in the Mumbai terrorist attack. By imposing these rules, the Home Ministry intends to curb the abuse or misuse of tourist visas as done by Headley and Rana to plan the Mumbai terror attack.

Investigations revealed that the terror suspects possessed tourist visas and carried out ‘business’ in the country. The case came into the limelight after Minister of State for External Affairs, Shashi Tharoor, posted his comments on Twitter condemning the change in visa rules, saying it would affect the tourism industry and goodwill. His comments sparked a debate on question whether the restrictions on tourist visas would seriously strengthen security. When the government defended its stand, saying that they cannot compromise on the country’s security, Tharoor wryly pointed out that the ‘26/11 killers had no visas’.

RESIDENCE

ACCORDING to the new rules, a tourist visa can only be granted to a foreigner who does not have a residence or occupation in India and whose sole objective of visiting India is recreation, sight seeing, casual visit to meet friends and relatives, etc. No other activity is permissible on a tourist visa. The tourist visa is non-extendable and non-convertible. The government has imposed restrictions in respect of foreign nationals holding tourist visas with multiple entry facility. A gap of at least two months between visits to the country has been made compulsory. If any foreign national is required to visit the country again within a period of two months of his last departure, such foreign national can do so only by seeking special permission from the Indian embassy in their respective country.

Additionally, foreign nationals have to register with the Foreigners Regional Reservation Office concerned within 14 days of arrival. If a foreign national applies for a tourist visa frequently i.e. within one month of expiry of the previous tourist visa, the Indian Embassy refers such cases to the Foreigners’ Division for clearance for grant of a fresh tourist visa. The two-month between visits applies to all tourist visa holders. The government’s stand here is that a genuine tourist, who has spent 180 days (which is the period allotted on a tourist visa) in a country, will not return to the same country within two months. With a view to ensure that genuine tourists are not affected by the recent guidelines, a few clarifications have been furnished by the government. Foreigners holding tourist visas who, after initial entry into India, plan to visit another country largely on account of neighbourhood tourism related travel and re-enter India before finally exiting, may be permitted two or three entries by the Indian Embassy. In this regard, the foreign nationals have to submit a detailed itinerary and supporting documentation. If they are already outside their country of origin, they can also get such an endorsement from the nearest Indian embassy.

The immigration authorities at all immigration check posts may also allow such foreign nationals on tourist visas arriving in India without specific authorisation from the Indian Embassy to make two or three entries into the country (need based) subject to production of an itinerary and supporting documentation (ticket bookings). The total period of stay in the country — counted from the date of first entry into the country — should not exceed the stipulated stay period of 180 days or 90 days, as the case may be. Once such a foreign national finally exits the country after availing the facility of two or three entries within the stay period of 180 days entries, there should be a gap of at least two months before s/he can return to the country.

SPECIAL CIRCUMSTANCES

SUCH re-entry within the stipulated gap of two months may be permitted only in emergency situations like death/serious illness in the family, non-availability of connecting flights to return to his/her country of origin or travel to another country or any other exigent situation which can be duly justified with proper documentation to the satisfaction of the embassy granting the permission. Miscellaneous Consular Service fee is charged for making an endorsement. For persons entering the country for medical treatment, a separate category of medical visa is included wherein foreign nationals will be allowed to enter only on a medical visa and not on a tourist visa. The family members of diplomatic households who do not qualify for diplomatic visas may have to come on an ‘Entry(X)’ Visa, if eligible. If they come on a tourist visa, the restrictions will be applicable. A tourist visa is not the appropriate visa in such cases. A person coming for voluntary work can apply for ‘Entry (X)’ Visa.

The new rule has potential to affect the tourists with valid multiple entry tourist visas who want to re-enter India. There are apprehensions that this will hit the tourism industry, especially in places like Goa. As it is, the tourist season has been very disappointing. Those in the tourism industry now fear that the new rules will add to the already bleak situation. The new rule requires people with multiple entry tourist visas to wait for a period of two months before returning to India. Initially, it was deemed relevant only to those holding five and ten year tourist visas.

It’s not surprising that the rule is causing a great deal of inconvenience to tourists. In the past, tourists who lived in rented premises during their stay in the state, would travel to Nepal for a short period to get a transit visa and then return. Now, they will have to stay out of the country, at added expense, for two months. This may deter tourists from visiting the country.

At the same time, it cannot be denied that laxity in implementing the law has led to many foreigners illegally overstaying in the country. Reportedly, besides the misuse of their visas by terror suspects David Coleman Headley and Tahawwur Rana, the probe into their terror plot in India has revealed that an associate of Headley had stayed in Goa for the last nine years on a tourist visa and managed to open a massage parlour here. A scrutiny of Headley’s associate’s travel documents revealed that he has been living in India on a tourist visa for the last nine years, but ran a business in the state during that time.

There are around 3500 tourists in the state on tourist visa. Sources in the Foreigners’ Branch of the Goa Police informed that tourists applying for a tourist visa for a period less than six months do not have to register with the foreigners’ branch. Here, the issue is not just about framing and revising rules. The issue is whether the security department is duly updated with regard to the movement of foreign nationals in the country.