The Ministry of External Affairs (MEA) has recently sought public inputs on the Emigration Bill 2021, aiming to overhaul the recruitment process for Indian citizens looking for employment opportunities abroad. This Bill replaces the Emigration Act of 1983 and introduces comprehensive emigration management, along with regulatory mechanisms for overseas employment.
Main Features of the Emigration Bill 2021
A key feature of the Bill is the establishment of a three-tier institutional framework, which will launch a Central Emigration Management Authority under the MEA to handle policy matters. Additionally, it proposes the creation of a Bureau of Emigration Policy and Planning and a Bureau of Emigration Administration to handle operational issues and ensure emigrant welfare.
The Bill also includes provisions for nodal agencies led by a Chief Emigration Officer. These agencies will focus on the welfare and protection of emigrants. Moreover, the government can impose fines and suspend or cancel passports if workers violate the Bill’s provisions. This could mean a crackdown on individuals migrating through unregistered brokers or irregular arrangements.
The proposed Bill will also regulate human resource agencies and maintain their registration, validity, renewal, and cancellation of certification. It empowers authorities with certain civil court powers.
The Necessity for the New Bill
The current emigration process is governed by the Emigration Act of 1983, which, despite providing a mechanism for hiring through government-certified recruiting agents, falls short in addressing today’s complex emigration challenges.
Over the years, several investigations have highlighted exploitative practices faced by migrant workers, including excessive recruitment charges, deception, contract substitution, poor living conditions, non-payment or underpayment of wages, and retention of passports.
For instance, many migrant worker deaths in Arab Gulf States/West Asia from heart attacks and respiratory failures have raised numerous unresolved questions. The introduction of the new Bill is a step toward addressing these issues.
Criticism and Associated Issues
Critics argue that the Bill lacks a human rights framework to secure the rights of migrants and their families. The law’s penal provisions may unfairly criminalize the choices migrant workers make due to lack of knowledge, desperation for jobs, or recruiters’ influence. Additionally, irregular migrants may avoid reporting abuses due to fear of fines or passport revocation.
The Bill allows manpower agencies to charge service fees from workers, ignoring International Labour Organization principles advocating employer-borne recruitment payments. This practice could lead to debt bondage, a form of forced labour.
Furthermore, critics suggest that the Bill overlooks gender aspects of labour migration. The current framework does not offer sufficient agency to women, who are more susceptible to employment in marginalized sectors and vulnerable to different forms of abuse.
The Way Forward
India needs to formulate migration-centric policies and strategies that ensure inclusive growth and development. Establishing robust institutional mechanisms can help reduce distress-induced migration, ultimately supporting India in alleviating poverty and achieving Sustainable Development Goals.