Context:

• The below article deals with the draft Emigration Bill 2019 which was recently released by the ministry of external affairs (MEA) and is currently pending for parliamentary approval.

Do you know?

• • The draft Emigration Bill 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 intention of replacing the old Act is consistent with the government’s effort to weed out anachronistic laws and update them in line with modern conventions.
• India is among a handful of countries that has explicit legislation for promoting emigration.

Adhering to SDG goal

• The United Nations’ “2030 Agenda for Sustainable Development” has for the first time recognized migration as a core element of the global development agenda, and has set several targets that relate to it.  
• These cover student mobility, human trafficking and exploitation, labour migration and employment, migration governance, remittances and migration data.

Therefore, the new legislation aims to draw up appropriate regulations that would conform to the contemporary global agenda on these matters.

Why the new emigration bill is important?

• As mentioned above, it helps to weed out anachronistic laws and update them in line with modern conventions.
• Conform to SDG goals and draw up appropriate regulations.
• Since 1983, there has been a structural shift in the quantum, nature, pattern and direction of emigration from India. Therefore, the 1983 Act falls short in addressing the wide geo-economic, geo-political and geo-strategic impact that emigration has today.
• The government’s attitude towards international migrants has changed over time. From labelling NRIs as “non-required Indians” at the height of the “brain drain” in the 1970s and 1980s to addressing them as “India’s brand ambassadors” and “symbols of our capacities and capabilities”. The proposed bill, with its thrust on strengthening the institutional framework for emigration management, affirms that shift in outlook.

Do you know?

• 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 in 2018); and figures in five of the top 20 migration corridors from Asian countries.

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.

Conclusion:

For the Indian diaspora, it is a welcome sign. The Emigration Act of 1983 had many anomalies like not being migrant-friendly and was not representative of the the multi-layered immigration problems and challenges.

Well-managed migration brings development to both India and the countries of destination. In this perspective or guiding principle, the new comprehensive migration Act should be developed.