New Delhi: The Delhi High Court on Friday urged the Central Government to act on a representation urging the Ministry of External Affairs (MEA) to establish guidelines safeguarding the rights and interests of Indian students pursuing education abroad.
The bench, headed by Acting Chief Justice Vibhu Bakhru, was hearing a petition seeking to protect the interests of Indian students studying abroad. The bench, despite noting that the matter pertains to legislation and policy-making, directed the authorities to address the representation submitted by the petitioner NGO.
What Does The Petition Say?
A plea moved by NGO Pravasi Legal Cell said that Indian students travelling abroad for academic purposes currently lack adequate legal protection. In the absence of regulatory oversight, these students, while pursuing higher education outside India, are at substantial risk of becoming victims of exploitation, the plea mentioned.
This leaves them vulnerable to fraud, exploitation, and various malpractices perpetuated by unregulated educational agents and foreign institutions, the petition stated.
The plea stated that "The existing leg framework governing emigration, as provided under the Emigration Act of 1983, does not contain provisions specifically safeguarding Indian students who seek education abroad. This Act is employment-focused and does not extend its protections to Indian students."
What Does The Plea Demand?
The petition highlighted the immediate need for specific legislation to protect Indian students studying abroad. It proposed that the government issue comprehensive guidelines to regulate student migration and safeguard their rights as an interim solution. NGO President Jose Abraham through Advocate Basil Jaison claimed that there are rising incidents of fraud perpetrated against the students.
Who Is An Emigrant As Per The Emigration Act Of 1983?
As per the act, an 'emigrant' means any citizen of India who intends to emigrate, or emigrates, or has emigrated but does not include—
- A dependent of an emigrant, whether such dependent accompanies that emigrant, or departs subsequently to join that emigrant in the country to which that emigrant has lawfully emigrated;
- Any person who has resided outside India at any time after attaining the age of eighteen years, for not less than three years or the spouse or child of such person
- Emigrant conveyance means any conveyance specially chartered for conveyance of emigrants
Protectors of Emigrants:
- The Central Government may, by notification, appoint a Protector General of Emigrants and as many Protectors of Emigrants, as it deems fit, for the purposes of this Act.
- The Central Government may, by general or special order, define the area to which the authority of a Protector of Emigrants so appointed shall extend and, where two or more Protectors of Emigrants are appointed for the same area, also provide, by such order, for the distribution and allocation of the work to be performed under this Act about such area.
- The Protectors of Emigrants shall perform the functions assigned to them by or under this Act under the general superintendence and control of the Protector General of Emigrants.
- The Protector General of Emigrants may, in addition to the special function assigned to him by or under this Act, perform all or any of the functions assigned to any Protector of Emigrants.
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