India is preparing a major update to its laws on migration. The Ministry of External Affairs (MEA) has recently released the draft Overseas Mobility (Facilitation and Welfare) Bill, 2025, which will replace the nearly four-decade-old Emigration Act of 1983. This new legislation will provide a safer and more organised plan for Indians searching for jobs abroad. The step is significant, especially amid the global restrictions on immigration.
Draft bill for safe migration of Indians
In recent years, several countries have tightened their immigration rules. A large number of Indians, especially those taking blue-collar jobs, have been deported for entering countries without proper documentation. According to the government data, over 1,700 Indians were deported from the US, and more than 130 from the UK. These numbers call for the urgency of a legal system that protects Indian citizens working overseas. The Bill will be introduced in the winter session of Parliament next month. “After much delay, the Ministry is seriously considering enacting a new law tentatively titled ‘Overseas Mobility (Facilitation and Welfare) Bill, 2024”, the MEA said, according to the Indian Express.
The existing Emigration Act of 1983 was created when many Indians began moving to Gulf countries in the 1970s. Its main purpose was to protect workers from fraud, exploitation, and unsafe, unexpected conditions abroad. However, migration patterns have since changed a lot, and the old law no longer addresses the current challenges in terms of modern global mobility. The new Bill, therefore, focuses on “mobility” more than just emigration. It covers not only employment overseas but also ensures safe and balanced migration in a globalised economy.
What the Bill proposes
According to the Ministry of External Affairs, the draft Bill lays out several key provisions to regulate migration:
- Returnees and Deportation: It defines a “returnee” as an Indian who comes back after 182 days or more abroad, either by choice or due to deportation. The Bill aims to prevent irregular migration and human trafficking. This includes illegal travel methods like the “dunki” route, where migrants cross multiple countries without proper documentation.
- Regulatory Mechanisms: If approved, the Bill will see the creation of an Overseas Mobility and Welfare Council. This body will coordinate with the Ministries of Skill Development, Labour, and Employment to manage policies, schemes, and international agreements related to migration.
- Mobility Resource Centres: These centres will provide information, training, and guidelines for migrants and will help them understand safe migration choices and employment opportunities abroad.
- Data-driven Policy Management: The Bill focuses on making policies based on research and data collected from different ministries.
Policies under the draft aim to combat human trafficking and illegal migration. It will facilitate temporary migration in sectors like healthcare, construction, elderly care, farming, and transport. It also streamlines the implementation of international migration agreements and establishes penalties of at least ₹5 lakh for placement agencies that violate rules. The Bill will “consolidate and amend the law relating to accessing a global workplace for citizens of India by developing a mechanism for safe, legal, orderly and regular mobility for employment and for stay abroad for work-related purposes through processes provided,” the MEA says.