Migrant Workers & The Overseas Mobility (Facilitation and Welfare) Bill, 2025

Migrant Workers & The Overseas Mobility (Facilitation and Welfare) Bill, 2025

In late 2025, the Ministry of External Affairs (MEA) introduced the Overseas Mobility (Facilitation and Welfare) Bill, 2025, intended to replace the nearly 40-year-old Emigration Act of 1983. This new legislative framework aims to modernize the regulation of Indian workers abroad, reflecting the shift from a restrictive "clearance" regime to a digital "facilitation" model. This move comes at a time when India has surpassed $135 billion in annual remittances, highlighting the critical economic role of the diaspora.

Government Stance: Objectives of the Bill

The primary objective of the 2025 Bill is to transform the state’s role from a "gatekeeper" to a "service provider" for aspiring migrants.

• Facilitator Role: The government seeks to streamline global labor mobility to address domestic unemployment and maximize financial inflows. India is positioning itself as a "Global Skill Hub," negotiating labor agreements with over 20 countries.
• Digitization & Data: The Bill proposes an Integrated Information System, a centralized data portal for mandatory registration of all emigrants. This allows for real-time tracking of the Indian diaspora, essential for crisis evacuations and evidence-based policymaking.
• Overseas Mobility and Welfare Council: A new high-level body will be established to ensure convergence between the MEA, Home Affairs, and Skill Development ministries, aiming for a unified approach to migrant welfare.
• Safe Migration Pathways: By institutionalizing government-to-government (G2G) agreements and Mobility Resource Centres (MRCs), the Bill aims to reduce the influence of unorganized, predatory private recruiters.

Key Features and Changes

The transition from the 1983 Act to the 2025 Bill represents a paradigm shift in how India views its mobile citizens.

The Evolution of India's Migration Policy

For decades, Indian migration policy was reactive. The 1983 Act was largely designed to manage the "Gulf Boom," focusing on preventing the physical abuse of illiterate workers. However, the 2025 Bill acknowledges a more complex reality:

1. Skill Diversity: India now sends high-tech professionals to the West and semi-skilled labor to the Gulf and Southeast Asia.
2. Circular Migration: The Bill recognizes that many migrants do not intend to settle permanently and focuses on "mobility with an expiration date."
3. Digital Diplomacy: Leveraging digital infrastructure like UPI and DigiLocker for migrants is now a core part of the foreign policy agenda.

Critique and Concerns: The Deregulation Debate

While the Bill is marketed as a modern reform, labor experts and human rights organizations have raised significant "red flags."

• Shift from Protection to Mobility: Critics argue that the "facilitation" model dilutes the state’s Parens Patriae (parental) duty. By emphasizing the ease of movement, the Bill may inadvertently reduce the checks meant to prevent exploitation.
• Dilution of Gender Safeguards: Unlike the 2021 draft, the 2025 Bill reportedly replaces specific protections for women and children with vague references to "vulnerable classes," raising fears of increased susceptibility to trafficking.
• The "Middlemen" Problem: The Bill remains largely silent on the regulation of sub-agents who often operate in rural areas. These actors are frequently responsible for debt bondage, charging workers up to 10 times the legal fee, which traps them in exploitative contracts abroad.
• Lack of Accountability Abroad: The legislation removes provisions that previously allowed migrant workers to directly pursue legal action against exploiters from within India. This shifts the burden to an already overstretched diplomatic staff.

Human Vulnerability and the Kafala System

A major challenge for the 2025 Bill is the Kafala system in West Asia, where an employer (Kafeel) controls a worker's legal and residency status. While countries like Saudi Arabia have begun dismantling Kafala as of June 2025, many other regions still practice variations of it.

• Passport Confiscation: The Bill does not explicitly penalize the common practice of employers withholding passports.
• Wage Theft: There are no statutory mechanisms in the Bill to recover unpaid wages once a worker has been deported or has returned to India.
• The "Dunki" Routes: The Bill attempts to curb irregular migration (like the "Dunki" method) through stricter penalties, but critics argue that without addressing the root causes like high recruitment costs and lack of domestic jobs & punitive measures may only drive these routes further underground.

Reintegration: The Missing Link?

A unique feature of the 2025 Bill is the mention of reintegration. However, the current draft is seen as "underfunded and untested."

• Definition of Returnee: The Bill defines a returnee as someone back for 182 days or more, but it excludes those deported within a shorter window from several benefits.
• Skill Matching: There is a lack of clear vocational programs to help returning workers apply their international experience to the Indian economy.
• Psychosocial Support: Migrants returning from high-stress environments or conflict zones require trauma care and social support, which the Bill does not currently mandate.

Way Forward: Strengthening the Framework

To ensure the Overseas Mobility Bill, 2025, serves as a true "shield" rather than just an "accelerator," the following reforms are essential:

1. Federal Participation: States with high migration experience, such as Kerala, Uttar Pradesh, and Bihar, should have a formal seat on the Overseas Mobility and Welfare Council.
2. Mandatory Pre-Departure Training: Standardizing rights-awareness training so workers know their legal rights regarding contracts and wage claims before they leave.
3. Legal Defence Fund: Establishing a dedicated fund to provide legal aid to Indian workers facing litigation in foreign courts.
4. Transparent Recruitment: Implementing a strict "No Placement Fee" policy for workers, shifting the cost of recruitment to the foreign employer, as per International Labour Organization (ILO) standards.

Conclusion

The Overseas Mobility (Facilitation and Welfare) Bill, 2025, is a watershed moment in India’s effort to govern its "unseen" workforce. By embracing digital governance and institutional convergence, it drags an outdated system into the 21st century. However, the true test of a "Viksit Bharat" lies not in how many workers it can send abroad, but in how well it can protect them once they are there. A rights-based, worker-centric approach, balancing the efficiency of facilitation with the sanctity of welfare is the only way to ensure that the Indian diaspora continues to thrive as a pillar of global and national growth.