Overview of Indian Migration and Legislative Developments
India, with over 17 million Indians abroad, largely consists of migrant workers across nearly 200 countries. Despite the significance of this population, the governance of external migration relies on an outdated 42-year-old Emigration Act. Recent attempts to modernize this framework have resulted in the proposed Overseas Mobility (Facilitation and Welfare) Bill, 2025, which is currently open for public input.
Key Highlights of the Overseas Mobility Bill, 2025
- Promised Benefits:
- The Bill aims to provide safe, legal pathways to overseas jobs and welfare safeguards.
- It seeks to establish a "robust and transparent framework" for emigrant protection.
- Criticism and Concerns:
- Lacks enforceable protections, focusing more on bureaucratic discretion.
- Fails to address issues like unpaid wages and human trafficking.
Inadequacies and Areas of Concern
- Job Conditions:
- Absence of binding minimum wages, overtime, or rest days.
- Lacks funds or vocational programs for "safe return and reintegration."
- Vulnerable Groups:
- Token schemes for "vulnerable" groups without proper definitions or safeguards.
- Deficiencies in gender and child protection, contrary to international conventions.
- Government Discretion:
- Section 13 allows travel prohibitions to entire countries on vague grounds.
- Potential infringement on Article 19’s freedom of movement.
Recruitment and Employment Challenges
- Recruitment Agencies:
- Section 14 lacks detailed regulations for Overseas Placement Agencies.
- Absence of fee caps or bans on exploitative contracts, contrary to ILO guidelines.
- Employer Accountability:
- No inspections or liability measures for hazardous work conditions abroad.
- Fails to align with ILO standards on safe working environments.
Data and Privacy Concerns
- Integrated Information System:
- Lacks consent or alignment with the DPDP Act.
- Potential for privacy erosion and stigmatization of returnees.
Penalties and Enforcement
- Penalties:
- Fines for agencies but no liabilities for foreign employers.
- Emphasis on deterrence rather than prevention, misaligning with the ILO Decent Work Agenda.
The Bill is criticized for amplifying the flaws of the 1983 Act, lacking strong agency oversight and corruption control. As Parliament debates the Bill, there is a call for significant amendments to align with international standards and better protect Indian migrant workers.