In pursuit of better economic prospects, countless individuals leave their homes, driven by the promise of a brighter future. Lured by the promise of jobs, marriage, or the hope of a better life, some find themselves trapped in a web of coercion, deception, and exploitation. Data indicates that over 44 lakh Indians received Emigration Clearances (ECs) since 2014. Data also indicates that prosecution sanction was sought in only about 200 complaints by emigrants & families against illegal recruitment agents while more than 3000 such complaints were made since 2012.
In pursuit of better economic prospects, countless individuals leave their homes, driven by the promise of a brighter future. But for some, this journey takes a dark turn. Lured by the promise of jobs, marriage, or the hope of a better life, they find themselves trapped in a web of coercion, deception, and exploitation. Traffickers prey on their dreams and desperation, turning aspirations into nightmares. This sinister cycle of trafficking is deeply entwined with unsafe migration, human smuggling, and transnational mobility, where the line between opportunity and exploitation becomes dangerously blurred.
In this story, we look at some aspects of migration to ECR countries and fake recruitment agencies.
Emigration from India
Emigration from India, particularly for employment abroad, is regulated based on the type of passport an individual holds: Emigration Check Required (ECR) or Emigration Check Not Required (ECNR).
ECR passport holders, primarily those without a 10th-grade education, need emigration clearance from the Protector of Emigrants (PoE) before travelling to 18 specific countries, including the UAE, Saudi Arabia, and Malaysia. This clearance is designed to protect lower-skilled workers, who are more susceptible to rights violations, especially in informal sectors. The clearance process is facilitated online for those applying through recognized recruiting agents with valid work visas.
For ECR passport holders seeking employment abroad and not for any other purpose, emigration clearance can be obtained from any of the fifteen PoE offices by submitting the required documents.
On the other hand, ECNR passport holders, typically those with higher educational qualifications, are exempt from this requirement and can travel abroad by simply presenting a valid passport, visa, and tickets at immigration counters in India.
Over 44 Lakh Indians received Emigration Clearance in last decade
In response to complaints from Indian emigrants, the government launched the e-Migrate system to make the emigration process transparent. This system provides the Ministry of External Affairs (MEA) with a comprehensive online database of emigrants, recruiting agents, and foreign employers, streamlining the entire emigration process and speeding up the verification of credentials for these stakeholders. The process of granting ECs through the e-Migrate portal started in September 2014.
Data from the e-Migrate portal reveals that over 44 lakh Indians received Emigration Clearances (ECs) in the last decade, with 2014 marking the peak at 8.1 lakh ECs. As of July 2024, 2.1 lakh Indians have received ECs in the year 2024. The data also highlights that nearly 2.8 lakh employers have registered on the e-Migrate system, with 2023 recording the second-lowest number of registrations at 8773, following the lowest in 2020 with just 6,316 registrations.
Employers in household activities top, followed by construction sector
The sectoral breakdown of employers registered on the e-Migrate portal shows that the majority are involved in household activities, followed closely by the construction sector. From 2015 to July 2024, approximately 49,670 employers registered under household activities, while nearly 39,705 registered in the construction sector. In contrast, the education sector has the fewest registered employers, with only 518, followed by agriculture, forestry, and fishing, which have 2,090 registered employers.
Approximately 3000 illegal agents notified on e-migrate portal to date
Most migrant workers find employment either directly with employers or through outsourcing agencies and recruitment agents. To protect emigrants, the Emigration Act of 1983 mandates that only registered Recruiting Agents (RAs) and Foreign Employers certified by the Protector General of India can recruit for overseas jobs. The registration process for RAs is well-defined and integrated with the e-Migrate system. However, despite these safeguards, a significant number of workers are still being sent abroad by unregistered Recruitment Agents, exposing them to potential risks and exploitation.
Data from the e-Migrate portal reveals that around 3,042 illegal recruitment agents have been reported across India up to June 2024. Andhra Pradesh leads with 498 illegal agents, followed by Uttar Pradesh with 418, and Tamil Nadu with 372.
Only about 200 sanctions granted for the prosecution of illegal recruitment agents
Recruiting activities without a valid certificate from the Protector General of Emigrants (PGE) are considered illegal migration and human trafficking. Since law and order is a state responsibility, these cases fall under the jurisdiction of State Governments. However, dealing with complaints against unregistered Recruitment Agents (RAs) remains challenging and time-consuming.
When such complaints are received, they are referred to the respective State Governments for investigation and action under Section 10 of the Emigration Act, 1983, and other relevant laws. After investigating, the police seek approval from the PGE to prosecute the accused under Section 27 of the Emigration Act, 1983.
Data on prosecutions show that between 2012 and 2022, a total of 3261 complaints have been received, out of which 3112 were referred to State Governments for action. 187 requests for prosecution were sought and all of them were given approval. In addition, 15 and 14 sanctions were granted in 2023 and 2024 respectively, taking the total sanctions to 216 between 2012 and 2024.
Way forward
The 23rd Report of the Parliamentary Standing Committee on External Affairs titled, ‘Issues relating to migrant workers including appropriate legislative framework and skill development initiatives for prospective emigrants’ highlights the plight of emigrants. It notes that migrant workers are among the most vulnerable groups within the Indian emigrant population. Despite the large number of complaints against Registered Recruiting Agents who engage in recruitment malpractices, only a few face stringent actions like the cancellation of their Registration Certificates. In most cases, complaints are either dropped or settled, with only a small fraction leading to sanctions for prosecution. Moreover, the number of prosecutions pursued by states compared to the total complaints received is notably low, highlighting the challenges in enforcing accountability in this sector.
The Committee also expressed its displeasure at the prolonged delay in bringing out the latest emigration bill, after a draft emigration bill, 2021 was deferred. It is hopeful that the new law will reduce the asymmetry of information between migrant workers and their prospective employers and regulate the visa brokers and recruiting agents.
