MINISTER OF OVERSEAS INDIAN AFFAIRS (SHRI VAYALAR RAVI)
(a) The estimated number of Indian Diaspora is about 25 million spread over more than 110 countries.
Indian workers emigrate for seeking employment in all categories of work ranging from low
skilled to high skilled professional job. Data is available only for Emigration Clearance
Required (ECR) category of workers going abroad. This category includes those workers who
have not passed class 10 level school examination and are immigrating to 17 ECR notified
countries. The details of ECR category workers who emigrated to 17 notified countries
during 2008, 2009, 2010 and 2011 are at Annexure -I
(b) & (c) : Yes, Madam. Government is aware of the problems being faced by Indian
citizens and their families settled or residing abroad and addresses them as soon as
they come to its notice. As reported by Indian Missions/ Posts abroad, the problems
brought to their notice in this matter are usually as under:-
Labour Complaints:
Employer-Employee disputes, non-payment or delayed payment of salaries and other
legal dues, unsatisfactory working and living conditions , denial of leave on completion
of service, denial of return air ticket, breach of contract and abuse and harassment
of domestic workers by their employers. During the period 2010 to 2012 (Till March, 2012),
the total number of complaints received against Registered Recruiting Agents, un-Registered
Recruiting Agents and Foreign Employers are as under:
Year Registered Un-Registered Foreign Recruiting Recruiting Employers Agents Agents
2010 25 6 6
2011 9 11 6
2102 1 0 2
(Till
March)
Racial attacks:
Some racial violence cases against Indians/ Indian students have been brought to the notice
of some of the Indian Missions/Posts.
Marital disputes:
Problems relating to Overseas Indian/NRI marriages being faced by Indian women such as
abandonment of the wife by her overseas husband, NRI husband already married, Child
custody, etc. The complaints received in the ministry of Overseas Indian Affairs (MOIA)
and National Commissions for Women (NCW) the coordinating agency at the national level
to receive such complaints are as under:
MOIA NCW
From 2009 to From 2009 to
February,2012 February, 2012
104 878
Imprisonment of Indians in foreign jails:
Indians languishing in foreign jails on account of various offences /charges committed
by them in foreign countries, their legal problems with local authorities etc
Robbery ,theft , professional rivalry
Some incidents of Indians being attacked by robbers, anti-social elements,
professional rivalry- induced reasons etc have been reported during last few years.
Turbulent civil situations in host countries
Because of internal disturbances prevailing in the Middle East during February/March,
2011, the Government of India evacuated over 18,000 Indians from the region and ensured
their safe return to their respective home state in India free of cost.
(d) : Government has taken various steps to address the problems being faced by
Indians in foreign countries and their families in India. Some of them are as under:
(1) In a bid to assist the Indian women who have either been deserted or divorced
by their overseas spouses, the Ministry of Overseas Indian Affairs had introduced a
scheme in February, 2007 to provide legal /financial assistance to such Indian women
through Indian Missions abroad.
(2) The Government has taken several steps to address the issue of Indian emigrants,
which include the following: -
(i) Nation-wide awareness campaigns through the media to educate intending emigrants
about legal emigration procedures, the risk of illegal migration and precautions to be
taken during emigration.
(ii) The Government has established an Overseas Workers Resource Centre (OWRC) which
is a 24 hour telephone helpline in eight languages to provide authentic information to
emigrants as well as intending emigrants on all aspects of emigration.
(iii) The Government has established Indian Community Welfare Funds (ICWF) in all
Indian Missions to provide onsite support to the affected emigrants.
(iv) Government has established an Indian Workers Resource Centre (IWRC) at United
Arab Emirates (UAE).
(v) The Government has signed MOUs with seven major labour receiving countries,
namely, Jordan, Qatar, United Arab Emirates (UAE), Kuwait, Oman, Malaysia and Bahrain to
lay down the framework for bilateral cooperation for the protection and welfaref o workers.
Under these MOUs Joint Working Groups (JWGs) have been constituted that meet regularly
in order to resolve bilateral labour issues. In these Joint Working Groups, the protection
and welfare of the workers and the compliance of contractual provisions of employment to
be provided by the foreign employer relating to proper accommodation, working and living
conditions are impressed upon.
(vi) In order to safeguard the interest of the emigrant workers and ensure only
credible parties are enrolled as recruiting agents, the Ministry revised the Emigration
(Amendment) Rules 2009 w.e.f 9th July, 2009 revising the eligibility criteria for
Recruiting Agents (RAs).They will now have to maintain certain basic facilities to
conduct their business.
(vii) In case, a recruiting agent violates any provision under the Emigration Act,
1983 and Rules thereunder, stringent actions are taken. Blacklisting of recalcitrant
foreign employers is also resorted to for violation of any provision of the employment
contract.
(viii) Pravasi Bhartiya Bima Yojana(PBBY) is a compulsory Insurance Scheme for the
protection of emigrant workers.
(ix) Ministry of External Affairs has also set up a Special Cell in New Delhi to
receive complaints from the MPs regarding the problems faced by Indians abroad.
(x) Ministry of Overseas Indian Affairs (MOIA) is launching a special Pension
and Life Insurance Fund (PLIF) for overseas Indian workers who are holding ECR
passports. PLIF will help a worker to save for old age, accumulate some savings for
resettlement on return to India and also provides the worker with a life insurance
cover against natural death during the specified period.
(e) & (f) The manuals for the information brought out for the use/assistance of
NRIs and PIOs are as under:-
(a) Ministry of Overseas Indian Affairs (MOIA) has brought out a guidance
booklet on “Marriages to Overseas Indians†in English, Telugu, Hindi, and Punjabi.
This booklet contains the following information:
(i) Types of problems in NRI Marriages
(ii) Preparing for Marriage : What to expect going to a different Country
(iii) Eternal Vigilance
(iv) Verification of Antecedents/Documents
(v) Precautions for the Bride
(vi) Legal Awareness –Indian Laws Regarding Registration of Marriage
(vii) Rights of NRI Spouses
(viii) Legal Rights of Women
(ix) Matrimonial and Maintenance Rights of Women & the Right to custody of Children
(x) Other Relevant Laws
(xi) NRI Matrimonial Disputes and some important Court judgements
(xii) Useful information about Passports /Visas
(xiii) Names and addresses of NGOs /Organizations working abroad in the
field of Women’s Rights in India
(xiv) Officers dealing with some Indian Embassies abroad along with address
of NGOs working in the field of Women’s Rights.
(b) National Commission for Women (NCW), the Coordinating agency of the
Government of India at the national level for dealing with issues pertaining to
NRI marriages, released a Report on Problems Relating to NRI Marriages titled
“ The “Nowhere†Brides†.
It contains all information including Legal interventions- International,
domestic and other Government etc.
(c) MOIA released a “Handbook for Overseas Indians†to offer a picture of investment
opportunities and entrepreneurial activities in India.
(d) “Ready Reckoner for Overseas Indians†by Overseas Indian Facilitation Centre
(OIFC), a Public Private Partnership of MOIA and CII.
(e) “A regulatory and investment handbook for Overseas Indians†by OIFC.
(f) OIFC Investment Tool Kit for Global Indians by OIFC
(g) Home calling –Returning Indians- All that you Need to know by OIFC
(h) Guide Book for Overseas Indians on taxation and other important matters by OIFC
Citizenship identification :
The issuance of Person of Indian Origin (PIO) Cards is a subject concerning Ministry
of Home Affairs (MHA) (Foreigners Division). As reported by that Ministry, no such
initiative was taken to identify the Persons of Indian Origin in foreign countries.
Maintenance, Divorce, Adoption and Succession law:
The problems of Overseas Indian marriages are complex since they often fall within
the purview of Private International Law which applies to NRIs when they bring
disputes to foreign courts on issues related to matrimonial conflict or child
custody, moveable /immoveable property, and succession, enforcement of divorce
and maintenance decrees. Application of these rules depends on concrete situations or
problems which may arise among PIO/NRIs or between an Indian national and a foreign
national. Keeping in view of complexities involved, it is not feasible/ possible to
bring out any manual for the information/use/ assistance of NRIs/ PIOs on these
essential matters.
(g) The details of the foreign exchange received are as per the following table:
US $ billion
Year Total Private Transfer
2007-08 43.5
2008-09 46.9
2009-10 (PR) 53.9
2010-11 (P) 55.9
PR: Partially Revised
P: Preliminary
The source-and destination-wise information about private transfer is gathered through
a periodic (every years) sample survey conducted by the Reserve Bank of India. As per the
last survey which was conducted in November, 2009, Gulf Countries accounted for 27 percent
of total remittances during the first half of 2009-10.
