Amendment in Emigration Act on Cards to stem human trafficking

CONCERNED OVER continued human trafficking and illegal recruitment, the government has initiated a move to amend for Emigration Act to curb such practices by giving more teeth to the law.

The Ministry of Overseas Indian Affairs has decided to amend the 1983 law to regulate emigration and rein in unscrupulous recruiting agents. A Bill to amend the Act is being drafted by the Law Ministry, sources said here to day.

However, the Bill is unlikely to be introduced in Parliament in the second part of the budget session beginning April 26, as it will have to be taken to the Cabinet. The amendment will provide harsher punishment for human trafficking, including an increase of the minimum prison term to five years from the current six months for those indulging in such a crime. The fine is also proposed to be increased manifold from the present Rs. 1,000 to Rs. 25,000.

The aim of the amendment is to curb the prevalence of unauthorised recruiting agents by ensuring their registration and regulation. The Bill provides a regulatory framework in respect of emigration of Indian workers for employment abroad with the aim of safeguarding their interests and ensuring their welfare. The intention is to make agents responsible for recruitment of every person sent abroad, the sources said.

The agent will have to give reports to the Ministry of Overseas Indian Affairs every year that will form the basis for renewal of their licences, the sources said citing proposals in the Bill. The number of emigration clearances granted by the Protector of Emigration has increased from 2.79 lakh in 2001 to 5.49 lakh in 2005.

Workers going abroad for jobs include skilled and unskilled persons and remittances by them were to the tune of over Rs. 52,000 crore in 2005-2006. The amended Act is aimed at addressing an increasing number of complaints about harassment and ill treatment of Indian workers abroad.
The complaints include denial of promised wages and food and lodging in inhuman conditions. Passports of employees are also seized by their employers as soon as they land in particular country and they are at the mercy of the employer, sources said.

Besides amending the Act, the Central government also plans to launch a training programme by this year-end for workers going abroad to make them aware of their rights.

What’s proposed

• Harsher punishment for human trafficking.
• Fine to be increased from Rs. 1,000 to Rs. 25,000
• Registration and regulation of recruiting agents
• Regulatory framework for Indian workers going abroad for employment
• Agents will have to give repots every year that will form basis for renewal of licences