London scholar stopped from entering India: What new Immigration Act says

Francesca Orsini, a SOAS Hindi scholar, was deported from Delhi airport after being blacklisted in March 2025 for breaching India's tourist visa rules

Immigration authorities at Delhi’s Indira Gandhi International Airport deported Francesca Orsini, a well-known Hindi scholar and professor emerita at the School of Oriental and African Studies (SOAS), University of London, around midnight on Monday-Tuesday. Officials confirmed that Orsini had been blacklisted in March 2025 for violating the conditions of her tourist visa.

 

Francesca Orsini, a noted historian and expert on Hindi and Urdu literature, had arrived in Delhi from China via Hong Kong. Despite holding a valid tourist visa, she was refused entry into India, her colleagues and publisher said on Tuesday.

 

According to the Ministry of Home Affairs (MHA), Orsini was travelling on a tourist visa but was found engaging in activities that breached its conditions. “She was therefore blacklisted in March 2025. This follows standard global practice, where individuals found breaching visa norms can be blacklisted,” an official said.

 

 

Why was Francesca Orsini blacklisted in March 2025?

 

Officials said her actions while in India earlier this year violated the terms of her tourist visa, which prohibits professional or academic work without prior permission. Her blacklisting meant any future attempt to enter India would trigger an automatic denial at the port of entry. The authorities did not specify what terms she violated.

 

Independent publishing house Permanent Black, which has published several of Orsini’s works, posted on X (formerly Twitter): “Francesca Orsini’s scholarship has greatly enriched Hindi literary studies and the history of the book in India. She is a renowned scholar, published worldwide in English and in Hindi. She has just been denied entry into India, with no reason given.”

 

The publisher had released her 2009 book *Print and Publishing in Colonial India*, which explored how Hindi and Urdu print cultures evolved after the First War of Independence.

 

What India's law says about visa violations?

 

Legal expert said the government’s action falls within its powers under both the earlier and current immigration frameworks. “The Indian government possesses clear legal authority to deny entry to foreign nationals who are found to have violated visa conditions,” Dinesh Jotwani, Co-Managing Partner at Jotwani Associates told Business Standard.

 

He added, “The Immigration and Foreigners Act, 2025, which came into force on September 1, 2025, consolidates and updates India’s immigration regime. It repeals four earlier statutes and strengthens the government’s capacity to refuse entry, deport individuals, impose re-entry bans, and prosecute offences such as overstaying, using forged documents, or violating visa terms.”

 

How does Indian law define a visa breach or misuse?

 

Under both the previous Foreigners Act, 1946, and the new 2025 legislation, any activity inconsistent with the stated visa purpose can be treated as a breach. This includes actions such as working while on a tourist visa, attending conferences, or engaging in paid or research work without authorisation.

 

“Although the earlier Act did not specify each visa category, the rules and circulars issued under it clearly prohibited such misuse,” Jotwani explained. “It is well-established that misuse of a visa can lead to cancellation and blacklisting.”

 

The 2025 Act classifies violations as minor or major. Minor infractions, such as brief overstays, may attract a temporary ban of up to five years. Serious offences, including fraud or criminal conduct, can result in permanent blacklisting.

 

Can Francesca Orsini legally challenge the blacklisting decision?

 

Jotwani said Orsini or her representatives could seek an official explanation from the authorities who issued her visa or the Bureau of Immigration. “If she was not given notice or an opportunity to be heard, there may be scope to challenge the decision on grounds of arbitrariness, disproportionality, or violation of natural justice,” he said.

 

A writ petition could be filed before the High Court under Article 226 of the Constitution, or before the Supreme Court under Article 32, seeking judicial review of the decision.

 

“Courts in India, including the Delhi High Court, have held that while the right to enter India is not absolute for foreign nationals, administrative decisions such as blacklisting must still comply with principles of natural justice,” said Jotwani.

 

He noted that procedural fairness is crucial, especially when the consequences—such as long-term bans—are severe. Foreign nationals can request details of the decision, respond to allegations, or seek review through diplomatic or legal channels.

 

The Immigration and Foreigners Act, 2025, which came into force on September 1, replaces the 1946 statute and related laws. It provides a single legal framework for regulating the entry, stay, and removal of foreign nationals and codifies specific grounds for refusal of entry, including security, public order, and visa violations.