Draft emigration bill 2019

1) Do you think the draft emigration Bill is more about managing the export
of human resources than being a humanitarian framework? Critically analyse.
(250 words)Introduction:

The draft Emigration Bill 2019 was released by the ministry of external affairs
(MEA), and currently pending parliamentary approval. It proposes a new legislative
framework for matters related to emigration of Indian nationals. It is set to replace
the extant one under the Emigration Act of 1983. The objective of the new
legislation is to draw up appropriate regulations that would conform the
contemporary global agenda on emigrant matters.

Body:

Key features of the bill:

 The draft bill proposes a three-tier institutional framework, with the MEA as the
nodal ministry.
 At the top, a central Emigration Management Authority (EMA) has been
proposed for policy guidance and supervision.
 In the middle, a Bureau of Emigration Policy and Planning, and a Bureau of
Emigration Administration shall handle day-to-day operational matters and
oversee the welfare of emigrants.
 At the bottom, nodal authorities in states and union territories shall coordinate
aspects of management related to both emigrants and returnees.
 This could allow vertical policy coherence on emigration matters—particularly in
promoting and managing safe, orderly and regular emigration.

Importance of the bill:

 Since 1983, there has been a structural shift in the quantum, nature, pattern and
direction of emigration from India.
 As per the latest World Migration Report published by the International
Organization for Migration, India features as the largest country of origin for
international migrants (about 30 million in 2017);
 The largest recipient of remittances (about $80 billion or 5.6 trillion rupees in 2018).
  Figures in five of the top 20 migration corridors from Asian countries.
 The government’s attitude towards international migrants has changed over the
time.
 Inclusion of all students and migrant workers within its purview and the
abolishment of the two passports (emigration clearance required and emigration
clearance not required, or ECR and ECNR) regime based on a person’s educational
qualifications.
 Indians reuniting with family members abroad (who can be Indian emigrants, non-
resident Indians and/or foreign nationals) constitute a major chunk of out-migration
from India.
 Studies show that each member of emigrant families often contributes towards
remittances sent back home. Many family migrants often convert their immigration
status and become workers

Shortcomings of the bill:

Continuation of ad-hoc approach:

 They continue the post-1983 ad hoc approach towards emigration, relying on the
regulation of recruiting agents/employers and the discretion of the government.
 In fact, the bulk of it focuses on establishing new statutory bodies and giving them
broad and vaguely defined duties.
 Focus still on role of agencies

Less focus on White-collared emigrants:

 The contours of the new bill still appear to focus on managing blue-collar
emigration, a la the 1983 Act.
 While the need for this is clear, since blue-collared workers are more vulnerable to
exploitation and migration shocks, the bill must also offer management structures
and policies that better reflect the current nature and pattern of emigration—
specifically, concerning the aspirations of and challenges for white-collared
emigrants. As the number of white collared workers are increased noww.
 More focus on blue collar workers

Family migrants and irregular migrants abroad are as vulnerable, if not more, as

workers and students and warrant at least equivalent protection and promotion of
their welfare.
Undocumented migrants are excluded:

 The perception is that undocumented migrants are those persons who leave India
through informal channels, but most migrants become irregular on account of
expired visas/permits.
 In West Asia, when migrant workers flee their employers to escape exploitation, a
single police complaint can make them ‘undocumented’ for no fault of theirs.

Return Migrants:

 To effectively ensure their welfare, any emigration policy framework needs to be

considerate of the complete migration cycle: the pre-departure, journey, destination
and return.
 The 2019 draft Bill addresses only the first three parts of the cycle while completely
ignoring return migration.

 Non inclusion of Ministry of commerce and Industries in EMA.

The draft Bill personifies the government’s primary view of emigration policy as a
means for managing the export of human resources rather than a humanitarian
framework to safeguard Indian migrants overseas.

Conclusion:

Migration is a complex and highly dynamic process with constantly evolving profiles
of migrants and their destinations. Only an ex ante-migrant rights-based approach
that is inclusive of all Indian migrants abroad can be considerate of this and provide
them adequate security and welfare. There are a whole host of multilateral
migration-related treaties and conventions which can provide the necessary
guidance for a truly visionary and future-proof Indian emigration policy framework.
The draft Bill’s approach should align to the hard-fought shared objectives of
the Global Compact for Safe, Orderly and Regular Migration.