Open Access Research Article
MIGRATION OUT OF INDIA NO LONGER A BANE BUT A BOON - BY Mahesh Munipalli
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MIGRATION
OUT OF INDIA NO LONGER A BANE BUT A BOON
Authored by - Mahesh Munipalli
Advocate at High Court of Andhra
Pradesh
Abstract:
India makes a lot of effort to engage its
diaspora. It no longer views the exodus of Indian professionals with advanced
degrees to other countries as a "brain drain," but rather as a
"brain circulation" that improves India's standing abroad and
promotes "brain gain" in India through investment, innovation, and
commercial growth. The professional diaspora of India is viewed as creative
"opportunity entrepreneurs" who connect, fund, and mentor high-value
technology ventures in their home countries and those of origin. A
"diaspora forward" engagement strategy is now widely accepted in
India as being essential to the country's growth story. Despite making up a
very tiny fraction of the population, the Indian diaspora in the United States,
the United Kingdom, and Canada has grown to be a significant economic force
both on their own and in terms of their capacity to bolster links with India. Over
the past 20 years, Indian immigrants have primarily travelled to Saudi Arabia,
the United States of America, and the United Arab Emirates (UAE). By the end of
2020, 48.6% of all Indian migrants were living in the UAE, the USA, and Saudi
Arabia. This paper will examine how the India diaspora has become a powerful
community in the native English-speaking nations. The factors like Information
Technology (IT), democratic values and rule of law which have contributed to
the growth of India diaspora in countries like USA, UK and Canada. The
important role played by the Indian diaspora in lobbying investments, science
and technology into India. How remittances sent by Indian diaspora from abroad
help government of India in maintaining its balance of payments and also spur
consumer spending. The legislative framework put forward by the Indian
government for protecting its diaspora.
Why do Indians emigrate?
Overseas Citizen
of India are people of Indian birth or ancestry who live outside and also are
not the citizens of Republic of India. According to a Ministry of External
Affairs report, there are 32 million NRIs and OCIs residing outside India and
overseas Indians comprise the world's largest overseas diaspora. According to
the Income Tax Act of 1961, any Indian citizen who relocates abroad for work
and is not physically present in India for more than 240 days during a fiscal
year is deemed to be a Non-Resident Indian (NRI). Persons of Indian Origin
(PIO) who immigrated from India and afterwards obtained citizenship of a
foreign nation are granted Overseas Citizenship of India (OCI). This applies to
everyone besides citizens of Bangladesh and Pakistan. India has the highest
yearly migration rate in the world, at 2.5 million (25 lakh) people, every
year. High calibre students and qualified professionals migrate to countries
like USA (4,460,000), UK (1,764,000), Canada (1,689,055), Singapore (650,000),
Australia (496,000), New Zealand (240,000). Whereas some medical professionals,
civil engineers and blue-collar workers mostly migrate to UAE (3,425,144),
Saudi Arabia (2,594,947), Malaysia (2,987,950), South Africa (1,560,000),
Kuwait (1,029,861), Oman (781,141), Qatar (746,550).[1]
Various factors
play a role in why Indians relocate abroad, but the main driver is a lack of opportunities
in their home country. The reason why many foreign nations are opening their
doors for Indians is because they are aware of the inherent skills possessed by
Indian engineers, physicians, and other vital service providers with English as
their primary language of communication.
There are several factors
influencing Indians to move abroad, some of them are:
Push factors
·
Lack
of higher education opportunities.
·
Lack
of financial research support.
·
Lower-income.
·
Non-recognition of talents.
Pull factors
·
Better
standard of living.
·
Improved
quality of life.
·
Easy
migration policies.
·
Better remuneration.
·
Flexible working hours
·
Better work-life balance
According to
the Expat Insider 2021 survey
by InterNations, 59% of Indians working abroad relocated for their career — a
much higher share than the global average, which is 47%. Close to one-quarter
(23%) found a job on their own, 19% were recruited internationally, and 14%
were sent by their employer. Just 3% moved abroad to start their own business,
which is still a slightly higher share than the global average of 2%. Above
all, Indian IT professionals are heavily in demand in the US.[2]
Why do English speaking countries prefer
Indian immigrants?
Indian
expertise, linguistic mastery, and a higher level of education are a few of the
draws for nations that have loosened visa regulations to attract talent.
Foreign nations are more aware of the multi-talented Indian engineers, doctors,
and scientists with strong English language skills as chances become more
limited here.
India has been
colonised by the British for 200 years, during this time the British introduced
parliamentary system of government and bureaucratic structure of governance to
rule the Indian subcontinent. Indians find it very easy to assimilate
themselves into native English-speaking countries because of similar democratic
values and rule-based order. On February 2, 1835, the Lord Macaulay, a British
politician, offered persuasive justifications for the East India Company and
the British government's decision to invest in English language instruction and
the promotion of European learning, notably in the sciences, in India. This has
acted as blessing in disguise and today India has more English-speaking
population compared to the native English-speaking countries.
Is there a
connection between language and migratory trends? Does language have any
bearing on the immigration process or the creation of immigration laws that
specifically target citizens of certain nations. For instance, Indians received
the most number of H1-B visas in fiscal 2021, or more than 74% of the
allotments.[3]
Is it beneficial
for an immigrant to speak the native tongue? It is established as an obligatory
requirement to speak the language of the host nation. Points (International
English Language Testing System – IELTS) are assigned for a person's linguistic
proficiency in systems that use points to choose prospective immigrants. The
rationale behind using a point-based system is that there are too many
candidates for immigration, placing the host country in the advantageous
position of being able to make a choice.[4]
Indian
diaspora in United Kingdom
On October 25,
2022, King Charles III named Rishi Sunak Prime Minister of the United Kingdom,
making him the first Hindu and British Prime Minister of Indian ancestry to
assume the position. The House of Commons now has 15 members of Indian descent,
illustrating the impact of the Indian diaspora. Approximately 1.5 million
people—or 2.5%—of the UK's overall population—are British Indian.
According to a UK
economic survey, the 654 Indian diaspora-owned enterprises make capital
investments of about £2 billion in the UK economy. All of the recognised
businesses generate a combined £37 billion in revenue. The biggest employers
are Boparan Holdco Ltd. (26k jobs), Vedanta Resources (25k jobs), and B&M
Retail (22k jobs). Indians are the second-best paid group in the UK, with
median hourly wages of £13.47, according to research on median gross hourly
earnings between 2012 and 2018. Only the Chinese receive a higher (median)
hourly pay than this, at £15.75. Around 15% of medical professionals in UK are
reportedly from the Indian diaspora. There are about 25 renowned British Indian
scholars, including six knights and one Noble Prize laureate.[5]
The Indian
population in the UK today holds a special place, enhancing British politics,
society, and culture while also helping to create a truly multicultural society
in the country. In stark contrast to the Pakistani community, Indians are seen
as a disciplined and model community with the lowest crime rates. The (Persons
of Indian Origin) PIOs' success in the political and economic spheres in the
UK, their high and praiseworthy levels of educational attainment, and their
distinctive profile in comparison to other less successful and less
entrepreneurial ethnic communities have all ensured that outdated prejudices
about India have faded to be replaced by a new picture of India as a dynamic
nation. This is in addition to raising awareness of the success of the Indian
Diaspora in other areas of the world. The PIOs have close ties to India, and
local authorities have shown a keen interest in fostering business
partnerships, encouraging foreign investment, and aiding charitable endeavours
there. They have made a considerable contribution to initiatives to establish
pro-India lobby organisations within the three main political parties. The
Labour Party and the Liberal Democrat Party, two of the three major political
parties in Britain, have now established parliamentary Friends of India
groupings. In order to maintain the Indian community's active engagement with
the country of its origin, India would need to develop new possibilities,
structures, and pathways.
Indian
diaspora in United States of America
The fact that
Kamala Harris, a woman who is half Indian on her mother's side, has been
elected as the vice president of the United States, highlights the relevance of
Indians in American politics. More than 130 Indian-Americans have been
appointed by U.S. President Joe Biden to important posts in his administration
thus far, providing the community, which comprises around 1% of the country's
population, with the best representation. Over 80 Indian-Americans were
appointed by his predecessor Donald Trump, while during Barack Obama's eight
years as president, more than 60 Indian-Americans were given important jobs.[6]
A third of
Silicon Valley start-ups are owned by Indian Americans, who make just 1% of the
US population. Indian Americans founded 8% of all high-technology companies in
the US. The Indian diaspora founded one-third of all immigrant-formed
businesses, as well as one-quarter of immigrant-founded international
engineering and scientific firms, most notably in Silicon Valley. Over twenty
Indian-American executives are in charge of U.S. firms, including Sunder Pichai
of Google and Satya Nadella of Microsoft. Among others are Raj Subramaniam of
FedEx, Punit Renjen of Deloitte, Vivek Lall of General Atomics, and Shantanu
Narayen of Adobe.
Asian Indians
make up 4.4 million of America's 308,745,538 total population, with a growth
rate of 69.37%, according to the US Census of 2010. According to this estimate,
Asian Indians are the third largest immigrant group in the United States,
behind Mexicans and Chinese, making them fastest growing ethnic groups in North
America. Indian immigrants have primarily entered the United States through
programmes for student admission, H-1B visa recipients, family-based
preferences, and temporary labour visas. At the moment, a sizable portion of
immigrants from India are young, highly educated, and well-established in the
fields of science, technology, engineering, and math (STEM). The second-largest
international student population in American universities is made up of
students from India. All 50 states in the United States have a sizable Indian
population, with the most living in California (20%), New Jersey (11%), Texas
(9%), New York (7%) and Illinois (7%).[7]
Indian
diaspora in Canada
Out of the 35
million people that live in Canada, 1.6 million are of Indian descent. The
Canadian Parliament often has a proportionate number of Indo-Canadians, mostly
from Vancouver, Toronto, Calgary, Manitoba, etc. There are 17 MPs of Indian
descent in the House of Commons, which was most recently elected on September
20, 2021. Jagmeet Singh, a member of Parliament, is in fact the head of
Canada's New Democratic Party. Anita Anand, an MP, along with three other
Indo-Canadian MPs, rose to notoriety as a minister in the previous
administration for her effective handling of pandemic-related concerns. In the
present government, she is serving as Minister of National Defence. As the
first Premier of British Columbia of Indian descent, Ujjal Dosanjh of the
Liberal Party made history. This strengthens the Indian diaspora and puts it in
a strong position to influence local politics and administration. Around
1,25,000 Indian students study in Canada currently, making up over 11% of all
international students.[8]
Indian
diaspora in Australia
Indian-born
population amounts to 455,389 or 1.9 per cent of the Australian population. With
a population of close to 700,000, the Indian diaspora in Australia—which
includes both Australians with Indian ancestry and Indian residents—contributes
significantly to the country's culture and economy. After the British, they are
the diaspora with the second-highest tax contributions. By
2031, Indian-born Australians are likely to surpass the Chinese-born
Australians, reaching 1.4 million. The professional Indian diaspora in
Australia has not yet attained the same level of influence in higher echelons
of state and federal politics, academia, and business as the diasporas in the
United States, United Kingdom, Canada, and Singapore.
Role of Indian Diaspora in the Economic
Development of India
(Investment, International Trade and Industrial Development)
Increased trade
and investment with India have been made possible by the Indian Diaspora's
prominence in key industry sectors and the creation of vibrant professional and
commercial organisations. They establish links with state governments and
industry organisations and offer insights into India's corporate practises,
cultural landscape, and linguistic variety. They advocate for more regular
visits, delegations, and conferences between government and business, and they
press their governments for stronger commercial and political ties with India.
Additionally, the adoption of new procedures and technology is supported by
their varied perspectives.
Silicon Valley
and Bengaluru both grew at the same time. Since the beginning of Silicon
Valley's explosive expansion, it has been a preferred location for Indian
technology graduates. Many of these individuals have stayed in the country
after receiving their degrees and have advanced to senior positions in the region's
top technological companies. The Indian government launched the Computer
Software Development and Training Policy in 1986, which encouraged
international investment, facilitated access to venture financing, and
liberalised access to technology and software tools. It asked prominent
business figures from the Indian diaspora in the US to assist the Department of
Electronics and make investments in the expansion of the Indian software
sector. Professionals from the diaspora actively participated in policy reform
in sectors including capital markets, science and technology policy, and Indian
telecommunication regulation. Indian software solution providers like TCS,
Infosys, and Wipro grew as a result.[9]
Professional
organisations from the diaspora, such the Silicon Valley Indian Professional
Association and The Indus Entrepreneurs, have played a big part in this and
still do. They contributed to the development of a unified, pan-Indian identity
in the US. They acted as role models for Indian engineers studying and working
in the United States and were crucial in ensuring that global performance and
quality standards were met. They also opened up new economic opportunities and
markets in both nations. They worked along with organisations from the Indian business
community, including CII, NASSCOM, and the IIT Alumni Associations, to
recognise technology entrepreneurship in both India and the United States. They
served as angel investors for start-ups and social entrepreneurs and were
instrumental in mobilising their networks to raise venture funding. Additionally,
the American Indian diaspora's efforts in starting engineering and technology
firms attracted many Indian investors to American business.
The presence of
the Indian Diaspora in their host nations has increased demand for Indian
products and services, including anything from food to clothing to the Indian
entertainment sector. Employees of the top consultancies and multinational
companies who are from India can help with access to the top management, promote
our trade and FDI initiatives, and increase our portion of the products that
big international organisations outsource. Professionals, dealers, and
businesspeople from India can offer helpful ideas for market penetration
methods and utilise their networks to bring in new goods and services.
Role of
Indian diaspora in improving India’s Science and Technology
Science
diplomacy offers nations like India the chance to assume the initiative on
important issues and thereby win the respect and admiration of other nations,
particularly at a time when the superpowers have been reluctant to play
comparable roles. Due to its shared awareness of perspectives from the Global
South with its neighbours, it may offer a more compassionate leadership at the
regional level. In order to promote solar energy globally, India has already
founded the International Solar Alliance. It has also contributed to making
COVID-19 vaccinations available to the rest of the globe. Indian-origin
scientists can make significant contributions to these projects through their
experience and networks. So, the Government of India has initiated some schemes
to take help from its diaspora living abroad to improve India’s scientific
capabilities.[10]
Ramanujan Fellowship
This Fellowship offers
high-calibre Indian researchers living abroad appealing pathways and
possibilities to work in Indian institutes and universities in various fields
of science, engineering, and medicine. It is intended for scientists and
engineers under 40 who desire to return to India after working abroad.
Ramalingaswami Re-entry
Fellowship
The program's goal is
to motivate scientists (Indian nationals) who are employed abroad but would
like to return home to work on projects relating to biotechnology, modern
biology, and other life sciences.
Biomedical Research Career
program (BRCP)
This programme
offers junior, middle-level, and senior researchers the chance to launch their
academic and research careers in India's basic biomedical or clinical and
public health fields. All qualified researchers who intend to migrate to India
or continue their studies there are eligible to apply for these fellowships.
Scientists/Technologists of
Indian Origin (STIO) in Indian Research Laboratory
This programme aims to
establish a Research and Development (R&D) in the area of expertise of
Scientists/Technologists of Indian Origin (STIO) on a contractual basis at
Council for Scientific and Industrial Research (CSIR) laboratories.
Senior Research Associateship
(SRA) (Scientist’s Pool Scheme)
This program's
main goal is to temporarily position highly skilled Indian scientists,
engineers, technologists, and medical professionals who have just returned from
overseas and are unemployed in their own country. The Senior Research
Associateship is a temporary opportunity that allows the Associate to conduct
research or teach in India while looking for a permanent position. It is not a
regular appointment.
Role of
Indian diaspora in developing Indian Academic Institutions
It is crucial
that academic learning and scientific research facilities encourage brain
circulation and make use of the skills of Indian scientists and researchers
working abroad in order to enhance indigenous technological capacity. Some
academic institutions have started programmes to engage the Science Technology
Innovation (STI) Diaspora for capacity building, networking, and mentorship in
order to achieve this goal. To get things going, the IIT Madras alumni
association has planned a mentorship programme. To commemorate the institution's
foundation day in 2021, over 5,000 graduates from 15 different nations attended
brief talks on a variety of topics, including cutting-edge research and
technology, quantum computing, and extra-terrestrial manufacturing, to mention
a few (The Hindu, 2021).[11]
Similar to this, the
IIT Kharagpur Alumni Foundation in the United States has actively encouraged
students from IIT Kharagpur to complete internships in foreign universities in
order to advance their professional development and technological skills.
Additionally, it has given Indian students access to several top-notch academic
and scientific institutes where they can learn.
Visiting Advanced Joint Research
(VAJRA) Faculty Scheme
The purpose of this
programme is to recruit foreign academics and scientists, including NRIs and
OCIs, to work at public institutions and universities in India for a set length
of time. The programme offers adjunct/visiting professor positions to foreign
scientists, including Indian specialists, who wish to do high-calibre
collaborative research with one or more Indian partners in cutting-edge fields
of science and technology.
Initiatives of Homi Bhabha
National Institute (HBNI)
Under this plan,
scientists from the Indian Science and Technology diaspora may be recruited to
serve as visiting faculty members at some of the Constituent Institutes (Cis)
of the Homi Bhabha National Institute. Any of the five institutes that make up
Homi Bhabha National Institute, including the National Institute of Science
Education and Research, will accept international students (NISER).
Harish-Chandra Research Institute (HRI), Allahabad, Institute of Mathematical
Science (IMSc), Chennai, Institute of Physics (loP), Bhubaneswar, and Saha
Institute of Nuclear Physics (SINP), Kolkata.
Positive
impact of Remittances on Indian Economy
In 2021, India
received $87 billion in remittances, far surpassing China and Mexico, who each
received $53 billion, the Philippines, which received $36 billion, and Egypt,
which received ($33 billion). United States, United Arab Emirates, Saudi
Arabia, and Switzerland were the top remittance source nations for India in
2020. Remittances boost or maintain consumer spending and lessen the impact of
tough times, like the COVID-19 epidemic, on the economy.
Following
foreign direct investment, remittances are the second most important external
source of funding for low- and middle-income countries. It has a significant
impact on household income and helps people acquire financial assets to improve
their quality of life. Remittances have been found to be sturdy throughout the
epidemic, defying unfavourable forecasts of an unprecedented worldwide
recession brought on by COVID-19. Remittance flows to low- and middle-income
countries decreased slightly to US$540 billion in 2020, only 1.6% below the
US$548 billion in 2019. This is according to the World Bank Report on Migration
and Remittances. India, the main recipient nation, was predicted to be among
the most hit (projected loss of 23%) (World Bank, 2020) because its host
country basket was susceptible to the dual effects of an economic downturn and
a drop in oil prices. Contrary to early predictions, India continued to be the
leading recipient nation, receiving 12% of all international remittances,
despite a slight fall of 0.2% in 2020 and an increase of 8% in 2021.[12]
Remittances
promote consumer spending, which in turn stimulates the demand and supply sides
of the market for consumer goods. Additionally, to aid the family's financial
struggles, they invest in a business, put money aside for emergencies, or pay
into social security for the elderly and other family members. The local
economy is boosted. A Reserve Bank of India survey found that 59.2% of
remittances received in India were utilised for family maintenance, bank
deposits made up around 20%, while stock shares, real estate, and other
investments made up 8%.
Indian forex
reserves have been under a lot of strain over the past nine months due to FPI
(Foreign Portfolio Investment) outflows from Indian equities. Remittances, in
addition to exports, were crucial in this situation for keeping Indian foreign
exchange reserves stable. Since September 2021, foreign portfolio investors
have been pulling money out of the Indian equity market, putting pressure on
the economy and particularly the central bank as the country's foreign exchange
reserves have begun to decline. Remittances were crucial in this situation
since FPI was taking money out. For the seven months leading up to March 2022,
Foreign Portfolio Investors (FPIs) continued to be net sellers, withdrawing a
net worth of Rs. 1.65 lakh crore from stocks. Foreign investors pulled out Rs
17,144 crore and Rs 45,276 crore from the Indian stock market in April and May,
respectively, continuing their selling spree for the seventh consecutive month.
These were mostly brought on by the assumption that the US Federal Reserve will
raise interest rates and the deteriorating geopolitical situation as a result
of the Russia-Ukraine crisis.
Protection
of Indians living Abroad
The Emigration
Act, 1983 and its implementing rules provide the structure through which Indian
residents travelling for employment, particularly to the 18 countries where
Emigration Check Required has been announced, are granted protection. The
Protector General of Emigrants of the Ministry of External Affairs provides
protection for Indian workers with ECR passports who emigrate after obtaining
Emigration Clearances (EC) from any of the ten Protector of Emigrants (PoE)
offices in the nation through the online emigration clearance system (e-migrate
portal). These workers are able to work legally in the destination country and
are covered by their labour laws.
In order to
guarantee that our employees in these nations are covered by labour laws, the
government has signed agreements and memorandums of understandings (MOUs) with
a number of these nations. The broad basis for cooperation on labour and
manpower-related issues is provided by these Memoranda of
Understanding/Agreements. These Memoranda of Understanding or Agreements have
been struck with seven nations: Bahrain, Jordan, Kuwait, Oman, Qatar, Saudi
Arabia, and the United Arab Emirates.
When Indian
nationals or employees complain about the contract's terms being broken, Indian
Missions there attempt to reach a mutually agreeable resolution by getting in
touch with the business. Additionally, the Embassy facilitates the transfer of
the aggrieved Indian workers' jobs to other businesses where employment is
available whenever possible with the assistance of local authorities. Such
complaints are routinely followed up on by the Embassy with the regional
authorities. Additionally, these topics are frequently discussed at the Joint
Working Group (JWG) on Labour & Manpower Development meetings as well as other
pertinent bilateral fora. The following are the additional precautions
implemented:[13]
a)
The online MADAD site allows emigrant workers and their
family members to lodge their consular complaints online and follow the status
of their resolution.
b)
Emigrants and their relatives may also access the
Pravasi Bharatiya Sahayata Kendra (PBSK) on the e-Migrate site to submit
grievances pertaining to Overseas Employment in countries with Emigration Check
Required (ECR) notifications. According to established procedures, these
complaints are resolved by the appropriate jurisdictional Protectors of
Emigrants (PoEs).
c)
Additionally, Missions regularly host Open Houses where
workers can voice their complaints.
d)
Pravasi Bharatiya Sahayata Kendra (PBSK) in New Delhi
operates a multilingual, round-the-clock helpline that offers information,
counselling, and grievance redress on all concerns and issues relevant to
Indian nationals working abroad.
e)
Additionally, 24 hour helplines and toll-free helplines
have been set up by Indian Missions abroad for the benefit of Indian workers
who need assistance.
f)
Pravasi Bharatiya Sahayata Kendras (PBSKs) have been
established in the following cities: Dubai (UAE), Sharjah (UAE), Riyadh, Jeddah
(Kingdom of Saudi Arabia), and Kuala Lumpur (Malaysia). They offer guidance and
counselling on all issues relating to abroad Indian immigrants.
g)
Additionally, Kshetriya Pravasi Sahayata Kendras (KPSK)
have been established in Kochi, Hyderabad, Chennai, and Lucknow to help
immigrants or their family resolve any issues they may have with finding work
abroad.
h)
The Missions use the Indian Community Welfare Fund
(ICWF) to help Indians living abroad when they are in need.
i)
In order to provide temporary housing for Indian people
in distress, suitable facilities have been built up in Bahrain, the Kingdom of
Saudi Arabia, Kuwait, Qatar, the United Arab Emirates, and Malaysia.
j)
Anytime an Indian national is reported missing abroad,
the government makes an immediate effort to find the person using the
information at its disposal through the Indian Missions. The relevant Indian
Mission contacts the Local Government and follows up on a regular basis till
the individual is found. On such occasions, additional methods are also used,
such as contacting Indian organizations that might be useful.
Through the
aforementioned initiatives, the Government has successfully evacuated 2,08,186
distressed Indian citizens between May 2014 and May 2018, including 16,281 who
were rescued from unstable regions in the Ukraine, Iraq, Libya, Yemen, and
South Sudan. India has finished the last stage of its Operation Ganga rescue
effort for Indians trapped in the conflict-torn Ukraine in 2022. Out of an
estimated 20,000 Indian citizens living in Ukraine, about 18,000 were evacuated
and transported to India in just 13 days.
Emigration
Bill 2021
The current
Emigration Act of 1983 is intended to be replaced by the Draft Emigration Bill,
2021. Numerous publications have emphasised the serious global exploitation of
Indian workers. The Emigration Act of 1983 establishes government clearance of
travel and employment-related paperwork while limiting the service price that
may be charged. Migrants deal with issues at various stages, corruption, and
middlemen's participation. Independent investigations have revealed numerous
exploitation practises over a long period of time, including high recruitment
fees, passport retention, non-payment or underpayment of wages, discrimination
and other forms of ill treatment, health problems brought on by mental stress,
and unfavourable working conditions.
The Bill
establishes a framework for the protection and promotion of emigrants' welfare,
provides for comprehensive emigration management, and establishes a regulatory
structure overseeing Indian citizens' employment abroad. A three-tiered
regulatory framework is suggested by the bill–[14]
I.
It establishes a new division for emigration policy
known as the Central Emigration Management Authority.
II.
It suggests a Bureau of Emigration policy and planning,
with a Bureau of Emigration administration conducting day-to-day business and
monitoring emigrant welfare.
III.
The welfare and security of the emigrants are proposed
to be ensured by nodal organisations working under a Chief Emigration Officer.
The Emigration
Bill, 2021, which is currently being proposed, is intended to provide the
government more authority and resources to interact with emigrants and act as
their watchdog, notably through the creation of a new bureaucratic
organisation. However, the new initiative has drawn criticism for enabling
penalties for migrant workers, failing to set a cap on worker fees for
recruiting, and remaining mute on concerns like the physical and sexual abuse
that female migrants experience. Instead, some supporters have campaigned for a
thorough revision of the law that would more overtly reflect international
goals like the Sustainable Development Goals.
Conclusion
The fact that
Indians are taking up prominent positions around the globe, from António Costa
(Portugal) to Kamala Harris (USA), from Suella Braverman to the recently
elected British Prime Minister Rishi Sunak, from Anita Anand (Canada) to
Priyanka Radhakrishnan (New Zealand), is proof enough that the Indian diaspora
is growing in influence. President Biden's appointment of 130 Americans of
Indian descent into his administration demonstrates the US's desire to use the
Indian diaspora to sway India into its sphere of influence. As a result, people
of Indian descent are given greater political representation on a worldwide
scale and have a stronger voice and presence at multilateral fora like the UN.
The Indian
Diaspora plays a significant role in India's "soft diplomacy" or
"diaspora diplomacy." For instance, Portuguese Prime Minister António
Costa, who is of Indian descent, has signed numerous bilateral memorandums of
cooperation in the areas of space, science, and technology as well as double
taxation avoidance. Similarly, Congressman Ami Bera, an Indian-American,
intervened in the discussion of the US defence budget, which resulted in an
amendment that set a 180-day deadline for the US to develop its defence
strategy with India. As a result, the two countries now both hold the title of
"Major Defence Partners." The appointment of Satya Nadella as
the CEO of Microsoft and Sundar Pichai as the CEO of Alphabet signifies the
importance of Information Technology (IT) industry dependence on Indian
diaspora.
Contributions
from the Indian diaspora have significantly fueled economic growth at home.
Based on a World Bank estimate, India is the country that receives the most
remittances globally, with 3.4% of India's GDP, or $87 billion, in net factor
income coming from overseas in 2021. For instance, the Indian Business School
in Hyderabad was totally funded by contributions from the diaspora. To that
degree, NRIs' financial contributions have supported infrastructure development
and human development in Kerala for decades, as well as the green revolution in
Punjabi villages. Most of them can also afford to spend lavishly during their
trips home, which creates jobs and income for those in India in the tourism
industry.
Since 2003, the
Ministry of External Affairs has recognised January 9 as Pravasi Bhartiya Divas
to recognise the numerous contributions made by the Indian population living
abroad to India's development and growth.
In order to
increase participation from the diaspora in India's growth, the government
should introduce a number of win-win initiatives. India should formalise a
programme that allows elite NRI scientists, engineers, doctors, managers, and
professionals to temporarily lend their expertise to Indian public sector
organisations. The term of Dr. Rajan at the RBI is proof that this type of
lateral induction of top workers can benefit both the contributing and host
workforce. India should actively pursue NRI investment, particularly for
initiatives that prioritise rural development, by incentivizing them with
competitive interest rates on deposits. By creating a dedicated
Minister-of-State level department for NRI administration, India can
demonstrate that it is committed to managing its relationship with NRIs. This
division would represent NRIs in various Indian government organisations and
encourage interaction with NRIs to advance India's greater purpose.
[1] Ministry of External Affairs, Government of India,
available at https://mea.gov.in/images/attach/NRIs-and-PIOs_1.pdf
[2]
Expat Insider 2021, available at https://www.internations.org/indian-expats
[3]
Indian Immigrants in the United States, by Mary Hanna and Jeanne Batalova,
available at https://www.migrationpolicy.org/article/indian-immigrants-united-states-2019
[4] Language
and Immigration: An Analysis of the Development of Linguistic Requirements in
Immigration Policy, available at https://www.realinstitutoelcano.org/en/work-document/language-and-immigration-an-analysis-of-the-development-of-linguistic-requirements-in-immigration-policy-wp/
[5] India
in the UK: the diaspora effect 2.0, a collaborative research done by Grant
Thornton’s South Asia Business Group, Federation of Indian Chambers of Commerce
& Industry (FICCI) and the High Commission of India
[6] Record
130-plus Indian-Americans at key positions in Biden administration, available
at https://www.thehindu.com/news/international/record-130-plus-indian-americans-at-key-positions-in-biden-administration/article65804233.ece
[7]
Indian Council of World Affairs (Factoring Indian Diaspora in the Indo – U.S.
Relationship, by Madhulika Baniwal) available at
https://www.icwa.in/show_content.php?lang=1&level=3&ls_id=4891&lid=3480
[8] Indiaspora
Lists: Showcasing the Indian Diaspora as a Force for Good, available at
https://lists.indiaspora.org/
[9] An
Indian Economic Strategy to 2035, Chapter 18: The Role of the Diaspora,
available at https://www.dfat.gov.au/publications/trade-and-investment/india-economic-strategy/ies/chapter-18.html
[10] Emerging
Technologies, STI Diaspora and Science Diplomacy in India: Towards a New
Approach, by Nimita Pandey, Krishna Ravi Srinivas and T.R Deepthi
[11]
Ministry of External Affairs, Government of India (Executive Summary),
available at https://www.mea.gov.in/images/pdf/1-executive-summary.pdf
[12]
Reserve Bank of India, Headwinds of COVID-19 and India’s Inward Remittances,
available at https://m.rbi.org.in/Scripts/BS_ViewBulletin.aspx?Id=21141
[13]
Ministry of External Affairs, Question No:2418 Protection of Rights of Indian
Citizens in Foreign Countries, available at https://www.mea.gov.in/rajya-sabha.htm?dtl/30877/QUESTION+NO2418+PROTECTION+OF+RIGHTS+OF+INDIAN+CITIZENS+IN+FOREIGN+COUNTRIES
[14] Critical
analysis of the Emigration Bill 2021, available at https://blog.ipleaders.in/critical-analysis-of-the-emigration-bill-2021/
Article Information
MIGRATION OUT OF INDIA NO LONGER A BANE BUT A BOON - BY Mahesh Munipalli
Authors: Mahesh Munipalli
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/11/09
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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