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The NR Eye : New emigration law must to protect Gulf workers

Published: 21 Jul 2014 - 05:38 am | Last Updated: 22 Jan 2022 - 09:52 am

by Moiz Mannan

Going by the words and actions of top functionaries, Indian workers in the Gulf are not on the radar of the new government, probably because they form a lesser politically significant chunk among overseas Indians.
The National Democratic Alliance which took power at the centre, led by Narendra Modi, has given enough signals that NRIs to it means the rich and powerful diaspora in US and Europe. A strong indication of this was the recent decision to hold the next Mini Pravasi Bharatiya Divas (annual conclave of overseas Indians) in London, UK.
In a speech made a few days back at a social function in New Delhi, external and overseas Indians affairs minister, Sushma Swaraj acknowledged the “important role” played by NRIs in her party victory in the 2014 Lok Sabha elections. It is no secret that the BJP got support mainly from NRIs in the West. “It is our duty that we will have to live up to their expectations,” the minister said.
Interestingly, in the same speech, Swaraj was reported as saying that her government was “contemplating” an immigration bill which would take all such people to task who lure other people with false promises of jobs abroad and issue fake visas. If she actually said this, NRIs in the Gulf, particularly the blue-collar workers can’t expect the much-touted “acche din” (good days) any time soon.
That’s because the statement betrays gross ignorance of one of the most important issues facing poor Indians working abroad. You can’t ‘contemplate’ something that’s already been in existence for more many years. It was in 2002 that the process to rehaul the archaic Emigration Act of 1983 began. First a bill to amend that act was drafted and discussed at length among the concerned ministries. Later a fresh act by way of the ‘Emigration Management Bill’ was prepared to entirely replace the old legislation. Even this bill has been knocking at the doors of the Indian parliament for the last three years or so.
Surely, Madam Swaraj would have heard her junior minister, the retired General V K Singh, make a statement in the Lok Sabha on July 9 saying that the Bill was “ at the stage of inter-ministeral consultations” and that no time limit could be given for its introduction and subsequent passing. 
This legislation, the new government should know, is a crucial piece in the jigsaw of managing outbound migration. Among other things it provides for the replacement of the lethargic institution of Protector General of Emigrants with a central Emigration Management Authority with greater and more encompassing powers.
The proposed functions of the Authority are managing and regulating recruitment and enrollment agencies, accreditation of employees, registration of emigrants and obtaining intimation from students going abroad. 
Under the proposed law, foreign employers from notified countries will have to register with the emigration authority. There are 18 notified countries including those in the Gulf and Malaysia. The proposal for mandatory registration has been mooted as workers wanting to go abroad for work are often cheated by the recruitment agents and touts. The draft bill also provides for more power to the state police to deal with unscrupulous recruiting agents.
The proposed Bill has provisions to black list overseas employers and debar them from future recruitments if they indulge in malpractices. Upon the ministry’s admission, the illegal practice of agents in engaging sub-agents to recruit from remote villages is rampant. The new Bill will legalise and monitor the sub-agents as well.
The new Bill further provides for laying down performance standards, regular performance audit and periodical rating of recruiting agencies, employers and sub-agents to encourage ethical recruitment practices.
In sum, the proposed Bill will modernize the legislative framework governing emigration, facilitate legal emigration, discourage irregular migration, enhance protection and welfare of emigrants, encourage ethical recruitment practices, enable market-friendly regulation of recruiters and provide for more deterrent penalties against crime such as human smuggling.
The NDA government, therefore, needs to ensure its enactment if only to prove it has not abandoned the diaspora that’s not important to electoral victories. 
The Peninsula