Draft Emigration Bill 2019 And Other Initiatives For Overseas Indians

The Ministry of External Affairs (MEA) has proposed the Emigration Bill, 2019, intended to replace the existing Emigration Act of 1983. This bill seeks to modernize the legal framework governing the emigration of Indian nationals.

Alongside the proposed legislation, the MEA has implemented a range of initiatives aimed at supporting overseas Indians. These include the MADAD Portal, an online grievance monitoring system; the Pravasi Bharatiya Bima Yojana, an insurance scheme for emigrant workers in Emigration Check Required (ECR) countries; the Indian Community Welfare Fund (ICWF), which provides assistance to distressed overseas Indians; Indian Workers Resource Centres in host countries, offering information and support; the Mahatma Gandhi Suraksha Pravasi Yojana (MGPSY), a voluntary social security scheme for emigrant workers in ECR countries; and the biennial Pravasi Bharatiya Diwas (PBD), designed to connect the Indian diaspora with the government. The theme for PBD 2019 centered on the Indian Diaspora's role in building a new India. A highlight of PBD 2019 was the launch of the Pravasi Teerth Darshan Yojna, a program sponsoring religious tours for overseas Indians aged 45-60, with a particular focus on individuals from Girmitiya countries, who are descendants of indentured Indian laborers.

India's Evolving Approach to Emigration and Diaspora Engagement: An Analysis of the Emigration Bill, 2019, and Related Initiatives

The Indian government's focus on its diaspora has intensified over the past few decades, reflecting the growing recognition of the significant contributions and potential of this global community. This engagement manifests in various policy initiatives, diplomatic efforts, and institutional mechanisms aimed at strengthening ties with overseas Indians. The proposal of the Emigration Bill, 2019, to replace the Emigration Act of 1983, alongside a suite of programs designed to support and connect with the diaspora, represents a crucial step in this evolving relationship. Understanding the context, rationale, and implications of these developments is essential for grasping the nuances of India's foreign policy and its approach to managing its global citizenry.

The historical context of Indian emigration is deeply intertwined with colonialism, economic opportunities, and socio-political factors. From the indentured labor system of the 19th century to the skilled migration of the late 20th and early 21st centuries, Indian communities have established themselves across the globe. These communities, while diverse in their origins, experiences, and integration levels, share a common connection to India, a connection that the Indian government seeks to nurture and leverage.

The Emigration Act of 1983: A Foundation in Need of Modernization

The Emigration Act of 1983 served as the primary legal framework governing the emigration of Indian citizens for over three decades. Enacted in response to concerns about the exploitation of Indian workers, particularly in the Gulf region, the Act aimed to regulate the recruitment and deployment of emigrants, ensure their welfare, and prevent trafficking and other forms of abuse. The Act established the Protector of Emigrants (POE) as the key authority responsible for overseeing the emigration process, granting emigration clearances, and addressing grievances.

However, the Emigration Act of 1983 faced several limitations and challenges as emigration patterns and global dynamics evolved. The Act's focus on regulating emigration to certain countries, primarily those in the Gulf region, did not adequately address the growing trend of skilled migration to developed countries. The procedures for obtaining emigration clearance were often cumbersome and time-consuming, leading to delays and inefficiencies. Moreover, the Act lacked provisions to effectively address new forms of exploitation and abuse, such as human trafficking and cybercrime.

The need to update the Emigration Act of 1983 became increasingly apparent in the 21st century, driven by the following factors:

• Changing Emigration Patterns: The rise of skilled migration to developed countries, coupled with the diversification of destinations for Indian emigrants, necessitated a more comprehensive and flexible legal framework.
• Technological Advancements: The emergence of online recruitment platforms and social media networks presented both opportunities and challenges for regulating emigration, requiring new mechanisms for monitoring and enforcement.
• Increased Vulnerability to Exploitation: Despite efforts to protect emigrant workers, instances of exploitation, trafficking, and abuse continued to occur, highlighting the need for stronger legal safeguards and victim support mechanisms.
• Growing Diaspora Engagement: The Indian government's increasing focus on engaging with the diaspora called for a legal framework that facilitated diaspora participation in India's economic and social development.

The Emigration Bill, 2019: Aims and Objectives

The Emigration Bill, 2019, was proposed to address the shortcomings of the Emigration Act of 1983 and to create a more modern and effective legal framework for managing emigration. While the full details of the bill are subject to parliamentary debate and approval, its key aims and objectives can be summarized as follows:

• Streamlining Emigration Procedures: The bill seeks to simplify and expedite the emigration process by leveraging technology and reducing bureaucratic hurdles. This includes the introduction of online registration and clearance systems, as well as the delegation of authority to accredited recruitment agencies.
• Enhancing Protection of Emigrants: The bill aims to strengthen the protection of emigrant workers by establishing stricter regulations for recruitment agencies, providing mandatory pre-departure orientation and training, and creating a comprehensive insurance scheme.
• Combating Illegal Migration and Trafficking: The bill includes provisions to deter illegal migration and human trafficking by imposing stricter penalties on offenders and strengthening border control measures.
• Promoting Ethical Recruitment Practices: The bill promotes ethical recruitment practices by requiring recruitment agencies to adhere to a code of conduct, ensuring fair wages and working conditions for emigrant workers, and preventing exploitative recruitment fees.
• Facilitating Diaspora Engagement: The bill seeks to facilitate diaspora engagement by creating a framework for diaspora participation in India's economic and social development, promoting diaspora investments, and providing access to government services and programs.

Key Provisions of the Proposed Emigration Bill, 2019

While the exact provisions of the Emigration Bill, 2019, may undergo revisions during the legislative process, some of the key features and proposed changes include:

• Expanded Scope: The bill is expected to cover a wider range of emigration categories, including skilled workers, students, and professionals, in addition to the traditional focus on less-skilled workers.
• Registration of Emigrants: The bill may introduce a mandatory registration system for all Indian citizens emigrating for work or study, allowing the government to track and monitor emigration flows.
• Accreditation of Recruitment Agencies: The bill is likely to establish a system for accrediting recruitment agencies based on their compliance with ethical and professional standards, ensuring that only reputable agencies are allowed to recruit Indian workers.
• Pre-Departure Orientation and Training: The bill may mandate pre-departure orientation and training for all emigrant workers, providing them with information on their rights, responsibilities, and the cultural norms of their destination country.
• Insurance Coverage: The bill is expected to require all emigrant workers to have comprehensive insurance coverage, protecting them against medical emergencies, accidents, and other unforeseen events.
• Grievance Redressal Mechanism: The bill may establish a robust grievance redressal mechanism for emigrant workers, allowing them to report complaints and seek assistance from the government and other relevant authorities.
• Penalties for Violations: The bill is likely to impose stricter penalties on individuals and organizations involved in illegal migration, human trafficking, and other forms of exploitation.
• Establishment of a Welfare Fund: The bill may propose the establishment of a welfare fund for emigrant workers, providing financial assistance to those in distress or facing hardship.

Initiatives for Overseas Indians: A Multi-Faceted Approach

In addition to the Emigration Bill, 2019, the Indian government has implemented a range of initiatives aimed at supporting overseas Indians and strengthening ties with the diaspora. These initiatives cover a wide spectrum of areas, including consular services, welfare programs, cultural promotion, and economic engagement.

• MADAD Portal: The MADAD (MEA in Distress) Portal is an online platform that allows overseas Indians to register grievances and seek assistance from Indian missions and posts abroad. The portal provides a centralized system for tracking and monitoring complaints, ensuring timely and effective resolution.
• Pravasi Bharatiya Bima Yojana (PBBY): The PBBY is an insurance scheme that provides medical and accident insurance coverage to emigrant workers in Emigration Check Required (ECR) countries. The scheme aims to protect vulnerable workers from financial hardship in the event of illness or injury.
• Indian Community Welfare Fund (ICWF): The ICWF is a fund established in Indian missions and posts abroad to provide assistance to overseas Indians in distress. The fund is used to provide emergency medical assistance, legal aid, repatriation assistance, and other forms of support.
• Indian Workers Resource Centres (IWRCs): IWRCs are centers established in countries with a significant population of Indian workers, providing information, counseling, and support services. The centers offer assistance with labor disputes, immigration issues, and other problems faced by Indian workers.
• Mahatma Gandhi Pravasi Suraksha Yojana (MGPSY): The MGPSY is a pension and life insurance scheme for Indian workers in ECR countries. The scheme aims to provide social security to vulnerable workers who may not have access to formal pension plans.
• Pravasi Bharatiya Diwas (PBD): PBD, or Non-Resident Indian Day, is celebrated every two years to strengthen the connection between the Indian diaspora and India. The event provides a platform for engagement, recognition, and policy discussions related to overseas Indians. The theme for PBD 2019, "Role of Indian Diaspora in building a New India", showcased the government's recognition of the diaspora's potential contribution to India's development.
• Pravasi Teerth Darshan Yojana: Launched at PBD 2019, the Pravasi Teerth Darshan Yojana sponsors religious tours for overseas Indians aged 45-60, with a focus on people from Girmitiya countries. This initiative caters to the cultural and spiritual needs of the diaspora, promoting a sense of belonging and connection to India.

The Significance of Emigration Check Required (ECR)

The term "Emigration Check Required" (ECR) is crucial to understanding the context of Indian emigration policies. ECR status applies to Indian passport holders who have not completed their 10th-grade education. These individuals require emigration clearance from the Protector of Emigrants (POE) before traveling to certain countries, primarily for employment. The ECR system was established to protect vulnerable, less-skilled workers from exploitation and abuse in foreign countries. The rationale behind the ECR requirement is that individuals with limited education may be more susceptible to deception and unfair labor practices.

However, the ECR system has also been criticized for being cumbersome and discriminatory. Critics argue that it places an unnecessary burden on less-educated workers and restricts their freedom of movement. Moreover, the list of ECR countries has been criticized for being outdated and not reflecting current realities. The Emigration Bill, 2019, may address some of these concerns by streamlining the ECR process and potentially revising the list of ECR countries.

Girmitiyas: A Unique Connection to India

The term "Girmitiya" refers to the descendants of indentured Indian laborers who were brought to various colonies by European colonizers in the 19th and early 20th centuries. The indentured labor system, known as "Girmit" (derived from the English word "agreement"), involved the recruitment of Indian workers to work on plantations in countries such as Fiji, Mauritius, Trinidad and Tobago, Guyana, and Suriname.

The Girmitiyas faced harsh working conditions, low wages, and discrimination. Despite these challenges, they preserved their cultural identity and maintained a connection to their ancestral homeland. Today, the descendants of Girmitiyas form a significant part of the Indian diaspora in these countries. The Indian government recognizes the unique historical connection of Girmitiyas to India and has implemented various initiatives to engage with these communities, including cultural exchange programs, scholarships, and development assistance. The Pravasi Teerth Darshan Yojna, with its focus on Girmitiya countries, is a testament to the government's commitment to strengthening ties with this historically significant segment of the diaspora.

Organizations Involved: The Ministry of External Affairs (MEA)

The Ministry of External Affairs (MEA) plays a central role in managing India's relations with the diaspora and implementing emigration policies. As the government agency responsible for India's foreign policy, the MEA formulates and implements policies related to emigration, diaspora engagement, and consular services. The MEA oversees the operations of Indian missions and posts abroad, which provide a range of services to overseas Indians, including passport and visa services, consular assistance, and cultural promotion.

The MEA's powers in relation to emigration and diaspora engagement are derived from various laws, regulations, and government policies. The MEA has the authority to issue passports and visas, regulate the activities of recruitment agencies, and provide assistance to overseas Indians in distress. However, the MEA's powers are also subject to limitations, including budgetary constraints, political considerations, and the need to coordinate with other government agencies.

Historical Precedents: Revising Emigration Policies

The Emigration Bill, 2019, is not the first attempt to revise India's emigration policies. Over the years, the Indian government has made several amendments and revisions to the Emigration Act of 1983 to address specific issues and challenges. For example, in 2009, the Emigration Act was amended to strengthen the protection of women emigrants and to prevent trafficking. These past revisions demonstrate a pattern of updating policies to address contemporary challenges and reflect evolving realities. The Emigration Bill, 2019, follows this pattern by seeking to create a more comprehensive and modern legal framework for managing emigration.

Stakeholder Positions: Government and Overseas Indians

The key stakeholders in the Emigration Bill, 2019, and related initiatives are the Indian government and overseas Indians. The Indian government's official position is that it is committed to supporting and engaging with the Indian diaspora. This commitment is driven by the underlying interests of strengthening ties with the diaspora for economic, political, and cultural benefits. The government has taken various actions to demonstrate this commitment, including implementing diaspora engagement initiatives, providing consular services, and proposing the Emigration Bill.

Overseas Indians, on the other hand, are seeking support and recognition from the Indian government. Their underlying interests include access to services, protection, and opportunities in India. They engage with government initiatives and participate in events like PBD to voice their concerns and contribute to policy discussions.

Broader Implications: A Multi-Dimensional Impact

The Emigration Bill, 2019, and related initiatives have broader implications for India's foreign relations, economy, and society.

• Political: Strengthening India's soft power and influence through diaspora engagement. A well-supported and engaged diaspora can act as ambassadors for India, promoting its culture, values, and interests abroad.
• Diplomatic: Enhancing diplomatic relations with countries hosting large Indian diaspora populations. A strong relationship with the diaspora can facilitate closer ties between India and these countries.
• Legal: Modernizing the legal framework for emigration. A comprehensive and up-to-date legal framework is essential for managing emigration effectively and protecting the rights of emigrant workers.
• Security: Addressing security concerns related to illegal migration and exploitation of emigrants. By strengthening border control measures and cracking down on human trafficking, the Emigration Bill can contribute to national security.
• Humanitarian: Protecting the rights and welfare of Indian emigrant workers. Ensuring fair wages, safe working conditions, and access to justice for emigrant workers is a humanitarian imperative.
• Economic: Facilitating remittances and investments from the diaspora. Remittances from overseas Indians are a significant source of foreign exchange for India, while diaspora investments can contribute to economic growth and development.
• Social: Promoting cultural exchange and understanding between India and the diaspora. Cultural exchange programs and diaspora events can foster a sense of belonging and connection to India among overseas Indians.

Connections and Context: Ongoing Issues and Historical Ties

The Emigration Bill, 2019, and related initiatives are connected to several ongoing issues and historical ties:

• Brain drain from India: The emigration of skilled workers from India can lead to a loss of talent and expertise. The government is trying to address this issue by creating more opportunities for skilled workers in India and by encouraging diaspora professionals to return and contribute to the country's development.
• Exploitation of Indian workers abroad: Despite efforts to protect emigrant workers, instances of exploitation and abuse continue to occur. The government is working to strengthen labor laws and enforcement mechanisms to prevent exploitation and ensure fair treatment for Indian workers abroad.
• Remittance flows to India: Remittances from overseas Indians are a significant source of foreign exchange for India. The government is taking steps to facilitate remittance flows by reducing transaction costs and promoting financial literacy among overseas Indians.
• Diaspora investment in India: Diaspora investments can contribute to economic growth and development in India. The government is creating a more favorable investment climate and offering incentives to attract diaspora investments.
• Indentured labor system during colonial times: The legacy of the indentured labor system continues to shape the relationship between India and the diaspora in countries such as Fiji, Mauritius, and Trinidad and Tobago.
• Waves of Indian emigration to various parts of the world: The history of Indian emigration is marked by several waves of migration, each driven by different factors and resulting in the establishment of Indian communities in diverse parts of the world.

Future Outlook: Continued Engagement and Evolving Policies

The Emigration Bill, 2019, if passed, will likely lead to significant changes in the emigration process and the protection of emigrant workers. The bill is expected to streamline emigration procedures, enhance protection for vulnerable workers, and promote ethical recruitment practices. Continued efforts to engage with the diaspora are also expected, with a focus on leveraging diaspora expertise and resources for India's development. The Indian government's approach to emigration and diaspora engagement is likely to continue evolving in response to changing global dynamics and the needs of the Indian diaspora. The ongoing dialogue between the government and the diaspora, facilitated by events like PBD, will play a crucial role in shaping future policies and initiatives. The success of these efforts will depend on effective implementation, collaboration between government agencies, and the active participation of the Indian diaspora.