Rights-based Emigration Policy and Governance to Protect and Prosper Indians Abroad

Executive Summary

Building a cohesive migration policy that focuses on every stage of the migrant cycle is imperative for India’s economic growth and the development of its people. The brief outlines pertinent issues and their contributing factors across the entire migrant cycle – pre-departure, departure, arrival, living abroad, return, and reintegration. The brief delves into the systemic challenges to emigration from India and its risk to both people and national reputation. The brief highlights the current policies and initiatives aimed at improving migration governance in India and abroad. These policies are a step in the right direction and can serve as good practices in the future. The brief provides policy solutions and recommendations for India to improve the implementation of existing policies and adopt a rights-based policy towards migration. The brief also details a roadmap for the design and implementation of a robust migration policy and the inclusion of rights-based protections.

Introduction

Migration has been central to human and civilizational evolution over thousands of years. The prosperity of all economies will continue to be driven by the mobility of individuals aspiring to better lives and work. However, governments around the world need to respond to the needs of people and businesses with a rules- and rights-based approach to migration governance. Countries around the world, especially the welfare states in Western Europe, are faced with the difficult task of balancing the interests and activities of their citizens and businesses affecting their society. In these rapidly evolving times, a deliberative approach to formulate a rules-based approach that is strengthened by the rights provided by source and destination countries is necessary. India, a rapidly growing economy and the most populous country, with one of the biggest and most educated diasporas across the world could drive this approach, making migration a crucial element of its economic and foreign policy. The existing and future Indian diaspora can become one of the engines of India’s socio-economic growth, provided they are involved in nation-building through a structured approach.

Indian migrants vary geographically as well as socio-economically, which amplifies the risk of increasing inequality even among those moving abroad due to a lack of jobs across skill levels and differing access to opportunities. While more than 18 million Indians live abroad (Singh, 2022), the Ministry of External Affairs (MEA) has failed to maintain a socio-economically and demographically disaggregated database on emigrants (Standing Committee Report, 2019). The Ministry of Home Affairs and Civil Aviation have access to data of migrants; however, the data linkages are missing despite repeated calls from the Standing Committee claiming risk to privacy and national security. In light of economic downturn in various parts of the world, several migrants have and continue returning to India, most notably from the United States of America (USA) recently. However, the government claims not to possess the data on the nationals who have returned from abroad (Rajya Sabha, 2025). The current 1983 law’s Emigration Check Required and Non-Emigration Check Required passports further create a hindrance for the MEA to collect data on various migrants moving abroad. A whole-of-government transparent approach to migration data has become a necessity today.

While the Indian government has taken efforts including signing of labour agreements (Wickramasekara, 2012), creation of open-source digital portals, an insurance program, and emergency services, they did not improve lives of emigrants. Existing policies continue to work in silos and leverage limited support from the state governments for their implementation. This results in lack of awareness of policies and rights, minimal access to authorities locally or abroad, and delays or dismissals in the processing of their claims on worker exploitation. Despite these challenges, India leads remittance inflows globally, amounting to USD 129 billion in 2024 and 2.5% of its Gross Domestic Product (GDP) (Ratha et al, 2024). This, however, comes at a cost, with the Indian economy also suffering from a massive brain drain as evidenced by 216,220 migrants renouncing their citizenship in 2023 majority in exchange for citizenship of developed economies (Statista, 2024).

Evolving geopolitics and outlooks towards irregular migration could have negative effects on the Indian economy and people. However, India’s devolved powers to the state governments, coupled with growing stature, talent, and industrialisation, provide an opportunity for the country. Turning the currently evolving global situation around migration into an opportunity starts with the creation of a law that improves responsibility sharing between the state and centre, guarantees the right to social security and protection to migrants, creates avenues for their welfare and social mobility, and strengthens reintegration processes upon their return. Translating into the inception of a pioneering policy of an Extended Citizen Responsibility that enables mutual growth of itself and its partners.

Systemic and Policy Challenges

India’s migration ecosystem lacks a cohesive framework, and given the importance of economic development, it is necessary to ensure that inequalities are reduced. World Bank study suggests that an increase of 10% in international migrants in a country is associated with a 1.9% decrease in the proportion of people living in extreme poverty, defined as living on $1.00 or less per day. (Page and Adams, 2003). This highlights the importance of rights-based governance (McAuliffe, 2024) that complements policies that can ensure that migrants are economically and socially included. Currently, migrants rely on agents and traffickers in some cases to get access to labour markets. This is a result of lacking social services and defined pathways and institutions that can support potential, current, and returned migrants. The inequality in income and opportunity for Indians, both in the country and when they move abroad, results in a higher responsibility of the state to protect and facilitate pathways for their social mobility.

In the rapidly polarising world, it is necessary to educate people with an aim to ensure that people in destination countries do not dehumanize migrants. The G20 New Delhi Leaders’ Declaration’s focus on combating xenophobia and discrimination needs to be implemented through concerted efforts abroad. Such measures can be ensured to migrants through a rights-based governance which further addresses issues with return, rehabilitation and reintegration.

The Indian government has consistently clarified that responsibility for pre-departure security and post-arrival reintegration of migrants is with state governments (Rajya Sabha, 2025). In line with the law, 91% of emigration takes place through agents, where ineffective audits and action against exploitative and illegal agents that recruit for employers abroad continue to harm and risk the migrants (Muthyanolla, 2024). However, there have been numerous reports of exploitation of people especially from uneducated backgrounds who lack the awareness of their rights (Singh, 2022). This also results in an inability for migrants to hold their agents accountable for issues across the migrant cycle. This divide creates a systemic inefficiency that agents and traffickers exploit as shown from the data (Muthyanolla, 2024) on the minimal number of sanctions faced by the agents.

The FIFA World Cup in Qatar brought a spotlight on the poor living conditions for thousands of Indians who worked as construction workers. Government reports indicate that approximately 16 Indians per day died between January 2014 and October 2019 in the six Gulf Cooperation Council (GCC) countries. Among these, 59% died of heart attacks which were noted as natural deaths despite their harsh living conditions and fatigue. Experts revealed that extreme levels of heat exposure coupled with work fatigue severely affect the workers’ cardiovascular systems which leads to heart diseases and deaths from heart attacks (Eapen, 2020).

These problems are further exacerbated due to the inability of the government to update the 1983 law despite repeated reminders from the Standing Committee on External Affairs over the last decade. The 2021 draft law presented by the Ministry does not comply with Global Compact on Migration (GCM) and other international agreements that India is party to (Comments, 2022). The minimal protections guaranteed by the 1983 Emigration Act continues to negatively affect migrants, especially those working in Gulf Countries. In 2023 alone 1.3 million emigrants (Economic Times, 2023) moved to these countries, working in predatory work environments. 1983 law lacks provisions to protect students and dependants exacerbated by missing gender-responsive mechanisms, requirements under GCM. This is a result of minimal adaptation of the law to changing demographic, socioeconomic and migration patterns, recipient countries, and needs of Indians moving abroad as well as unavailability of rehabilitation and reintegration mechanisms.

The act provides different protections, audits and processes for Emigration Check Required passport holders as compared to Non-Emigration Check Required passport holders. As global conflicts reach unprecedented levels, Indian low-skilled migrants such as the ones sent to Israel, a Non-Emigration Check Required country, bypass registration on the government portal, thus resulting in a lack of data on them (Lok Sabha, 2024). This results in lack of protection guarantees for thousands of students, family dependants and anybody who has studied beyond 10th grade, leaving the country (an eligibility criterion for an Emigration Check Required passport). In 2021, MEA produced a draft bill to replace the 1983 act; however, this bill continues to remain in draft form and could worsen the conditions of migrants if and when implemented. This bill increased the penalties and gave the centre power to revoke, suspend, or cancel the passport of the emigrant, infringing upon the migrants’ right to life and livelihood. While the goal of this is to curb undocumented migration to countries abroad, the complete onus being put on the migrants, especially the often uneducated and low-skilled, is unjust. India, a signatory of the International Convention on the Protection of All Migrant Workers, must ensure that its laws protect both the migrant and family members from inhumane treatment. This bill was an opportunity to institutionalise welfare components like insurance, minimum wages, healthcare, housing, and hygiene for Indians abroad. The bill provides a new governance structure for migration governance, but its provisions are not gender inclusive, resulting in a disproportionate impact on migrating women (Gupta, 2022).

Review of India’s Transactional Labour Agreements (BLAs), Memorandum of Understanding (MoUs) and Multilateral Initiatives for Migration

Bilateral labour agreements that are transactional in nature could compromise the commitment to human rights and global migration governance could fragment further. Furthermore, these agreements primarily focus on the interests of the state rather than the welfare of migrants (McAuliffe, 2024). Barring Qatar and Saudi Arabia, India has signed MoUs with other GCC countries for welfare of low-skilled workers in the region. However, the non-binding nature of MoUs limits the protections for migrant workers’ human and labour rights. The issues affecting the low-skilled migrant workers include, but are not limited to, illegal recruitment, exorbitant recruitment costs, contract substitution, inadequate implementation of laws and repatriation of stranded workers (Hameed, 2021).

International Labour Organisation (ILO) review from 2012 of India’s bilateral labour agreements notes that protections for low-skilled workers in Gulf Countries, Jordan, and Malaysia did not improve as a result of these agreements in the past (Wickramasekara, 2012). Having signed 17 Labor Mobility Agreements (LMAs), Migration and Mobility Partnership Agreements (MMPAs), and Documents of Intent (DoIs) between January 2015 to March 2023 demonstrates the current government’s priority for enhancing labour mobility. This showcases significant rise when compared to the period from 1985 to 2014, when India only signed five such agreements (Singh, 2023). Reviews of these new agreements need to be undertaken urgently to inform future agreements.

India’s signed Social Security Agreements (SSAs) work on a reciprocal basis ensuring continuity of social security and extension of benefits to temporary migrant workers. This was made possible through amendments to the legislation governing the Employee Provident Fund Scheme (EPF). Such agreements have been signed with 20 countries till date but do not include Gulf Countries and excludes students and dependants who travel to high-income countries like the United States of America and United Kingdom which are missing from the list (Ministry of Labour, 2022). India’s diplomatic efforts need to be focused on signing such agreements with other countries and converge them with efforts to better extend social security benefits in the form of pensions through the EPF Scheme.

Policy Recommendations to Model Extended Citizen Responsibility

Extended Citizen Responsibility (ECR), a new term to replace the old ECR acronym, starts with streamlining emigrant and labour market data collection and management, strengthening the registration and audit of recruitment agencies in states, and addressing labour market gaps in partner countries through targeted skilling, welfare and social security provisions for health, insurance, and pensions. Adopting learnings from the Migrant Workers and Overseas Filipinos Act of 1995, the law replacing the existing Emigration Act could mandate inclusion of fundamental rights for migrants within labour agreements (Center for Migrant Advocacy, 2020). Embedding rights-based protections into the act will disincentivise emigration to countries where their protection is not ensured. This will also incentivise the countries to create and implement safety provisions to attract Indian emigrants.

The ECR’s right-based approach requires creation of resilient institutions with representation from the central government, state governments, civil society, and industry (Gollerkeri et al, 2016). The institution can be mandated by law to operate as an independent regulator and standard setting body that undertakes a market-based approach to labour needs abroad and inform skilling initiatives in India (ICM Annual Report, 2017). The institution’s regulatory framework for periodic audits and accreditation of recruitment agencies can be implemented by state-level bodies. The framework can licence and accredit recruiters through local law enforcement, ensuring that only ethical agents operate. Reporting the results of these audits as well as the penalties for unethical practices can create a reputational risk for entities failing to comply with the framework. This will allow creation of an escalation matrix between state and central government aligned with clear roles and responsibilities for the institutions to manage skill-gap alignment, training programmes, and recruiter accreditation.

Creation of such an institution will clarify the responsibilities to manage skill-gap alignment, training programmes, recruiter accreditation, and welfare of migrants. This could help include and cover dependents, students, and individuals of all genders that opt to participate in the labour market abroad. Guaranteeing these rights to Indians abroad will require the government to renegotiate existing labour agreements to include minimum wage guarantees, safe working conditions, and expanded protections from xenophobic attacks (Sasikumar et al, 2008).

Building on India’s reforms and initiatives could be an opportunity to push for better policies starting with PRAYAS (Promoting Regular & Assisted Migration for Youth And Skilled Professionals), an International Organisation for Migration (IOM) project that aims to consolidate state-level initiatives to improve migration governance in multiple Indian states. IOM is working with the MEA and NITI Aayog, the central government’s body to foster cooperative federalism with state government, to develop a roadmap for coordination between state and central governments. The project also involves stakeholders, such as recruitment agencies, student counselling agencies, researchers, civil society organizations, and returned migrant workers and students (IOM, 2023). Delivering on ECR requires coordinated efforts with ministries including external affairs, civil aviation, and labour between states and the centre to strengthen the emigrant database. This could be undertaken through multi-level task forces that collect accurate data, link the databases by Aadhar, India’s digital identity, and address immediate gaps in oversight through better eMigrate 2.0 integration across ministries.

United Nations (UN) ran a reintegration pilot in Telangana including a survey of returnee migrants in 3 districts of the state, creation of district-level Migrant Resource Centres, skill upgradation trainings for returnee migrants, and toll-free helpline for migrants and creation of IEC materials in multiple languages (Kumar et al, 2024). These initiatives need to be complemented with concerted efforts from various ministries including Home Affairs and Civil Aviation who hold the data of migrants. Efforts such as the creation of the Data Innovation Lab (GCM Review, 2025) can strengthen these projects provided they are combined with a legislation that solves governance fragmentation.

India’s e-Migrate Portal 2.0 has been upgraded as a Digital Public Infrastructure (DPI) that brings all the stakeholders of the migrant cycle on a single digital platform. India’s Pravasi Bharatiya Bima Yojana (PBBY) is an insurance scheme for Indian migrant workers which provides health and life insurance (PBBY, 2017). However, this needs to be strengthened with better primary healthcare services for diagnosis and treatment of migrant workers along with audits of workplaces and living conditions. This can prevent wrongful attribution of migrant deaths to natural causes and facilitate benefits of the insurance reaching migrants. This scheme also needs to be extended to students and dependents. These initiatives can create demand for India’s massive healthcare workforce abroad.

Migrants should also receive digital and financial literacy training through the existing Pre-Departure Orientation and Training (PDOT) to facilitate access to financial solutions. Skilling programs need to be better aligned with labour market demands identified in coordination with recruitment agencies. This information and partnership with global partners can help establish dedicated skilling centres modelled after the Skill India International Centre established in Varanasi in 2022 (Kolikapudi, 2022) to implement newly designed programs based on labour market gaps. Regulators can also help inform skilling requirements to prepare Indians who aim to move abroad. This is needed for their social mobility and to incentivise their return through reintegration programs that leverage their improved talent or capital towards improving productivity in the economy.

These steps could be reinforced with avenues that create a sense of long-term connect between the state and the emigrants. These avenues can include continuation of pension benefits upon their return and accessible voting through diplomatic missions. The policy needs to include a roadmap to bridge the gap between the quality of life and social welfare received by migrants in their home states and destination countries.  This could pave the path for increased investment cooperation between the governments for migrant welfare and mobility. ECR as a right can help create cohesion between existing and future policies in line with the vision of India’s External Affairs Minister (Jaishankar, 2024) to build a connection with Indians abroad.

Conclusion

High-Income Countries (HICs), especially Europe, can negotiate simplified working visa procedures or mutual recognition of qualifications with India (Chandrasekar, 2025). However, this would require robust legislation through the Extended Citizen Responsibility for reintegration and rehabilitation which can help politicians in HICs justify the increasingly anti-migrant sentiment. IOM and Boston Consulting Group 2022 report on migration notes that there exist 30 million vacant jobs in 30 largest economies globally and this translates into a USD 1.3 trillion annual loss for businesses (Harnoss et al, 2022). Streamlined policies supported by a robust legislation for reintegration and rehabilitation can help policymakers take efforts against the anti-migrant sentiments as well as human rights concerns regarding migrants while fostering economic growth.

India’s participation and leadership in various unique bilateral mechanisms such as Trade and Technology Council with EU and multilateral migration governance regimes including the Colombo Process, Abu Dhabi Dialogue and Global Forum on Migration and Development can help converge priorities and drive cooperation. Successful migration governance can contribute to achieving twin objectives of improving lives of Indian nationals and achieve India’s foreign policy goals. While China continues to direct investments and monopolises sectors like critical minerals, India could leverage people-to-people ties to strengthen economic partnerships with strategic partners (Nachiappan, 2024). This can help bring India closer to its partners on the aligned values of human-centric development and economic potential through global value chains driven by improved migration of both skilled and unskilled workers, along with students, a rapidly growing demand in economies around the world.

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