India's Labour Migrants and the Overseas Mobility (Facilitation and Welfare) Bill, 2025

The article discusses the plight of India's labour migrants, who are primarily from Uttar Pradesh, Bihar, and Kerala. These migrants work in hazardous conditions abroad as construction workers, domestic helpers, and factory workers, contributing significantly to India's GDP through remittances.

Key Issues with the Overseas Mobility Bill, 2025

• Deregulation Concerns:
  • The Bill aims to replace the 1983 Emigration Act but is criticized for prioritizing bureaucratic efficiency over migrant rights.
  • It removes enforceable rights that previously allowed migrants to take legal action against abuse.
• Vulnerability of Migrants:
  • The Bill fails to adequately address gender-specific challenges, such as trafficking and sexual violence, which predominantly affect women.
  • It dilutes penalties for crimes against women and children.
• Human Trafficking and Exploitation:
  • The bill lacks measures to combat human trafficking effectively.
  • It abolishes the requirement for recruitment agencies to disclose fees, increasing the risk of debt bondage.
• Inadequate Support and Oversight:
  • The Bill replaces Emigration Check Posts with digital systems, potentially increasing the risk of exploitation.
  • Responsibility for migrant support, such as dispute resolution and document renewals, shifts to under-resourced government bodies.
• Surveillance and Data Concerns:
  • The Integrated Information System is criticized for potential misuse of migrant data.
• Lack of Local Representation and Support:
  • The centralization of power excludes state governments and local committees from decision-making processes.
• Reintegration Challenges:
  • The Bill inadequately addresses reintegration of migrants, excluding those deported within 182 days.

Recommendations for Policy Improvements

• Reinstate self-advocacy rights for migrants.
• Mandate fee transparency for recruitment agencies.
• Ensure post-arrival safeguards are in place.
• Decentralize governance to include states and civil society in decision-making.
• Enhance penalties for trafficking and exploitation.
• Expand the definition of "work" to include gig economy jobs.
• Provide funding for vocational training and trauma counseling for returning migrants.

The article underscores the need for the 2025 Bill to not just facilitate migration but to fortify protections for the workers who are essential to India's economy, both domestically and abroad.