Hello Aspirants!
In today’s blog we will be discussing the Emigration Bill 2021 which is likely to be introduced in the Parliament. It will replace the Emigration Act of 1983. We will let you know about the 1983 Emigration Act as well as the new proposed bill, its key features and issues related to it.
Let us start by knowing what the Emigration Act of 1983 is.
Emigration Act of 1983
The Act governs labour migration from India. The provisions in the Act to protect the interest of the migrants are –
- It lies down that recruiting agents must be government-certified.
- It lays out some responsibilities for recruiting agencies, such as completing due diligence on potential employers.
- It also establishes specific requirements for recruiting agents, such as a service charge cap.
- It also creates a government assessment of travel and employment documentation for workers (known as emigration clearances).
Emigration Bill 2021
Key highlights
- It is an improvement to the 1983 Act. The purpose of the bill is to consolidate and reform the law relating to emigration of Indian citizens.
- The policy creates a new emigration policy section, organizes help desks and welfare committees, mandates pre-departure briefings for migrants by manpower agencies, and raises the accountability of brokers and other intermediaries involved in labour hiring.
- Authorities: The proposed legislation would establish two agencies: (i) the Bureau of Emigration Policy and Planning (BEPP) and (ii) the Bureau of Emigration Administration (BEA).
- BEPP’s responsibilities include developing policies linked to emigrant welfare and negotiating labour and social security agreements with destination nations.
- BEA’s responsibilities will include maintaining a database of Indian emigrants and administering emigrant welfare policies and programmes.
Issues in the Bill
Fees charged from Migrants – the bill allows agencies to charge worker’s service fees and also the agents to set their own limits.
Not in Sync with the International Standard – International labour standards and International Labour Organization (ILO) recognizes employers’ responsibility to bear recruitment fees and not the worker. Paying recruitment fees eats up the savings and forces them to take high-interest loans.
Lack of Human Right Framework – The Emigration Bill 2021 lacks a human rights foundation, as seen in progressive legislation such as those in the Philippines, and hence may fail to protect migrants’ and their families’ rights.
Gender discrimination – women have limited agency in comparison to their male counterparts. They are more likely to be employed in informal and marginalized sectors in which labour, physical and psychological and sex abuse are common.
Provisions for Punishment – The law’s penal provisions punish migrant workers’ decisions, whether they are unaware of the law, under the influence of their recruiters, or just anxious to find work.
It allows government officials to penalize workers by cancelling or suspending their passports and levying fines of up to Rs 50,000 if they break any of the Bill’s provisions.
Furthermore, migrants in irregular situations who fear being punished or having their passports revoked are less likely to file complaints or seek redress for injustices they have experienced.
Suggestions
In order to achieve equitable growth and development and prevent distress-induced migration, India must establish migration-centric policies, strategies, and institutional structures.
This will improve India’s chances of reducing poverty and attaining the Sustainable Development Goals.
With this we come to the end of this blog. We discussed in detail about the features and issues in the 2021 proposed Emigration bill and suggestions on how to improve it. Hope it was an interesting read for you all.
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