Context: Recent incident of Indian workers having been recruited by Russian Army for participation in the Russia- Ukraine war has raised concerns regarding the vulnerable situation and exploitation of Indian emigrants as workers in foreign nations.
This has in turn given rise to demand for the government to review its procedures of emigration to countries in conflict, updating the list of 18 “Emigration Check Required” countries, so that the contracts of Indians travelling abroad for such work are verified more thoroughly and they are advised better along with providing adequate protection.
About Emigration Check Required Countries
- Formulated under the Emigration Act, 1983.
- Emigration Act 1983 has provided two bodies:
- Protector General of Emigrants - Responsible for protecting the interests of Indian workers going abroad.
- Protector of Emigrants - Responsible for granting emigration clearance to the intending emigrants
- ECR nations are those countries that do not have strict laws regulating the entry and employment of foreign nationals. They also do not provide avenues for grievance redressal.
- All persons having ECR endorsed Passports and going to any of the 18 ECR countries for taking up employment require emigration clearance from the Protector of Emigrants.
- But ECR passport holders going to any ECR country for purposes other than employment do not require emigration clearance.
- Currently, there are 18 ECR countries:
About Protector General of Emigrants:
- Statutory body under Ministry of External Affairs constituted under the Emigration Act, 1983.
- Responsible for protecting the interest of Indian workers going abroad.
Powers of Protector General of Emigrants are:
- Power to grant the Registration Certificate (RC) to recruitment agency under Section 11 and 12 of the Emigration Act, 1983 and renew the same under Section 13 of the Act.
- Power to suspend, cancel and revoke the RC under Section 14 of the Act.
- Power to issue permit to the foreign employer (FE) and Project Exporter (PE) under Chapter IV of the Act.
- Power to sanction prosecution for offences and penalties under Section 24 and 25 of the Act.
- Power to search, seize and detain persons/conveyance, etc. conferred to an officer of customs under the Customs Act, 1962.
- Power to prescribe any return, record or register for the Recruitment agency and inspect the same as well at their office under Section 36 of the Act.
- Power of civil court under Section 37 of the Act.
Protectors of Emigrants:
- Statutory body responsible for granting emigration clearance to the intending emigrants as per the procedure prescribed under the Emigration Act, 1983.
- The Protectors of Emigrants shall perform the functions assigned to them by this Act under the general superintendence and control of the Protector General of Emigrants.
Powers of Protector of Emigrants are:
- To protect and aid with his advice all intending emigrants and emigrants.
- Oversee all the provisions of this Act and of the rules made there under to be compiled with.
- Inspect, to an extent and in a manner as may be prescribed-any emigrant conveyance, or any other conveyance if he has reason to believe that any intending emigrant or emigrants are proceeding from, or returning to, India, to or from a place outside India by such other conveyance.
- Inquire into the treatment received by emigrants during their voyage or journey to, and during the period of their residence in the country to which they emigrated and also during the return voyage or journey to India and report thereon to the Protector General of Emigrants or such other authority as may be prescribed.
- Aid and advise emigrants who have returned to India.
List of Persons exempted from ECR provisions:
- Holders of Diplomatic/Official Passports.
- Gazetted Government Servants. (1)
- Income-tax payers (including Agricultural Income Tax payees) in their individual capacity. (2)
- All professional degree holders, such as Doctors holding MBBS degrees or Degrees in Ayurved or Homoeopathy; Accredited Journalists; Engineers; Chartered Accountants; Lecturers; Teachers; Scientists; Advocates etc. (3)
- Spouses and dependent children of the category of persons listed from (1) to (3).
- Persons holding class 10 or higher qualification.
- Persons holding permanent immigration Visas, such as the visas of UK, USA and Australia.
- Persons possessing two years diploma from any institute recognized by the National Council for Vocational Training (NCVT) or State Council of Vocational Training (SCVT) or persons holding three years diploma/equivalent degree from institutions like Polytechnics recognized by Central/State Governments.
- Nurses possessing qualification recognized under the Indian Nursing Council Act, 1947.
- All persons above the age of 50 years.
- All persons who have been staying abroad for more than three years (the period of three years could be either in one stretch or broken) and their spouses.
- Children below 18 years of age.