Why India Needs a Law for Citizens Living Abroad

🇮🇳 Beyond Borders, Within Rights

Why India Needs a Law for Citizens Living Abroad

✍️ Adv. C.V. Manuvilsan

Senior Partner, 

LEX LOCI Associates

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🔷 INTRODUCTION

India is home to one of the world’s largest diasporas—over 32 million Indians live abroad. Yet, despite this vast global footprint, India has no comprehensive law that protects its citizens who pursue education, employment, or permanent residence overseas.

The Emigration Act, 1983, a relic of a different era, only applies to low-skilled workers migrating to a specific group of “Emigration Check Required (ECR)” countries. It excludes millions of students, skilled professionals, and permanent residency (PR) seekers moving to countries like Germany, Canada, Australia, and the UK.

This legal vacuum allows unregulated overseas education consultants and immigration agents to operate unchecked—often leading to fraud, abuse, and helplessness for unsuspecting migrants. The need for a modern, inclusive, and rights-based framework is not just urgent—it’s inevitable.

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🔶 ISSUES: The Legal Vacuum

1️⃣ Outdated Law

The Emigration Act, 1983 is too narrow.

It covers only ECR category workers.

Excludes students, skilled professionals, PR applicants, and high-skilled migrants.

2️⃣ No Licensing or Oversight

No law mandates registration or auditing of:

Overseas education consultants

Immigration advisors and PR facilitators

3️⃣ No Grievance Redressal

Victims of fraud have no statutory forum.

No legal pathway to address:

Fake admission promises

Visa scams

Misleading contracts

4️⃣ Embassies are Powerless

Indian Embassies cannot:

Offer formal legal assistance

Mediate disputes

Verify or enforce service agreements

5️⃣ Global Best Practices Ignored

Other countries have robust regulatory bodies:

Canada: ICCRC (now CICC)

Australia: MARA

UK: OISC

India has none for outbound citizens.

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🔷 INTERVENTIONS NEEDED

A new law—perhaps titled the “Emigration and Overseas Citizens Protection Act”—should be enacted by the Parliament to comprehensively address modern realities. Key features must include:

1️⃣ Mandatory Licensing & Audit

Every overseas education and immigration consultant must register with a central authority.

Regular audits to ensure transparency and compliance.

2️⃣ Standardised Migrant Rights

Enforceable contracts with:

Refund clauses

Clear service terms

Time-bound commitments

3️⃣ Digital Registration Portal

A national database for students, professionals, and workers going abroad.

Helps track movement and intervene in emergencies.

4️⃣ Empowered Indian Missions

Embassies should:

Offer legal aid

Verify agency credentials

Facilitate on-ground assistance

5️⃣ Statutory Grievance Redressal Body

A quasi-judicial tribunal to:

Hear complaints

Investigate fraud

Penalize rogue consultants

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🔻 CONCLUSION

India’s global footprint extends far beyond its borders—into classrooms in Berlin, hospitals in Toronto, and tech campuses in Melbourne. But the legal protection we extend to our citizens has not caught up.

It’s time we recognize the Indian abroad as a citizen, not an exile.

A transparent, enforceable, and citizen-centric migration law will protect the dreams of millions and reaffirm the constitutional promises of equality, dignity, and justice—irrespective of geography.

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📝 Meta Description:

India has over 32 million citizens living abroad, yet no law protects students or skilled migrants from fraud. Advocate C.V. Manuvilsan explains why a modern law is essential for the Indian diaspora.

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