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

18.12.2025

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

Context

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.

Government Stance: Objectives of the Bill

• Facilitator Role: The government aims to position itself as a facilitator of global labor mobility, viewing the export of skilled and semi-skilled workforce as a strategy to manage domestic unemployment and boost foreign remittances.
• Digitization & Data: Proposal to establish a centralized data portal for the mandatory registration of all emigrants, aimed at creating a "real-time" map of the Indian diaspora to assist in crisis management.
• Overseas Mobility and Welfare Council: A new high-level body intended to bring convergence between different ministries (MEA, Home Affairs, Labour) to streamline policy for migrant welfare.
• Safe & Orderly Migration: The bill seeks to institutionalize "safe migration pathways" through government-to-government (G2G) agreements, reducing the reliance on unorganized private recruiters.

Key Features and Changes

Critique and Concerns

• Shift in Identity: Critics argue the bill shifts the state's role from a "parental protector" (Parens Patriae) to a mere "travel facilitator." By focusing on "mobility," the state may be diluting its legal obligation to safeguard workers from exploitative labor contracts.
• Dilution of Penalties: Human rights groups have flagged that the 2025 Bill reportedly offers weaker penalties for crimes against women and children compared to the 2021 draft, potentially emboldening traffickers.
• Regulatory "Middlemen": The bill is seen as "silent" on the strict regulation of sub-agents or "middlemen." These unregulated actors are often responsible for debt bondage and high recruitment fees that trap workers in "slavery-like" conditions.
• Lack of Rehabilitation: There are no clear statutory provisions for the reintegration of returning migrants. During crises (like pandemics or regional conflicts), workers often return to India with no financial safety net or skill-matching support.
• Worker Vulnerability: The legislation does not explicitly address common abuses like passport confiscation and wage theft, which remain rampant in the "Kafala" system areas of the Gulf and Southeast Asia.

Way Forward

• Strengthening Legal Aid: Incorporate a dedicated "Legal Defence Fund" for Indian workers facing litigation in foreign courts.
• Mandatory Pre-Departure Training: Standardize skill-upgrading and rights-awareness training to prevent workers from being misled by fraudulent recruiters.
• Reintegration Policy: Develop a "National Reintegration Framework" to help returnees utilize their foreign-earned skills in the domestic market.
• Bilateral Labor Agreements (BLAs): Ensure that facilitate-oriented laws are backed by strong BLAs that mandate host countries to respect Indian workers' fundamental human rights.

Conclusion

While the Overseas Mobility Bill, 2025 is a necessary update to a colonial-era regulatory mindset, it must not sacrifice worker protection at the altar of economic facilitation. A truly "Viksit Bharat" must ensure that its most vulnerable exports, its labor are treated with dignity and protected by a robust legal umbrella that follows them across borders.