Lok Sabha Question No. 1697 (UNSTARRED), answered on 2019-02-13
Subject: Indians Facing Problems in Foreign Countries
Ministry: EXTERNAL AFFAIRS
Asked by: ALOK SANJAR

## GOVERNMENT OF INDIA MINISTRY OF EXERNAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.1697

TO BE ANSWERED ON 13.02.2019

## INDIANS FACING PROBLEMS IN FOREIGN COUNTRIES

## †1697. SHRI ALOK SANJAR:

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a) whether the Government has got representations from Indian diaspora regarding   problems   being   faced   by   them   in   the   countries   of   their residence;
- (b) if so, the details thereof;
- (c) the year-wise number of complaints which came to the notice of the Government during the last three years and the current year; and
- (d) the nation-wise details of the steps taken by the Government to resolve their problems through channels of embassies?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS [GEN. (DR) V. K. SINGH (RETD)]

(a) to (c) In   order   to   address   the   problems   being   faced   by   the   Indian Diaspora, the Government has strengthened its online mechanism for addressing the grievances of all overseas Indians. While the Emigration Check Required (ECR) category emigrants or their relatives can log in their grievances relating to overseas employment on the e-Migrate portal or through Overseas Workers' Resource Centre (OWRC) Helpline, a portal named MADAD for online lodging of consular grievances is also available to all  overseas Indians.  Grievances  by migrant workers can also be registered with the Pravasi Bharatiya Sahayata Kendra   (PBSK)   at   New   Delhi   which   provides   assistance   24x7   in   11   Indian languages and have also been authorized to assist the workers to lodge their grievances on both e-Migrate and MADAD portals, depending on the nature of the grievance. PBSKs in Riyadh, Jeddah, Dubai, Sharjah and Kuala Lumpur are also functional abroad that are home to a vast majority of our migrant workers. The MADAD online portal represents a qualitative mechanism for handling of consular grievances, through online forwarding, tracking and escalation until their eventual resolution. It allows direct registration of the grievances by the members of the public and effective tracking of the entire grievance handling process thereafter. A special module has been created within the MADAD portal wherein Indian Diaspora can register their student and marital issues and seek assistance. The Ministry has received representations from Indian Diaspora on various issues as per details below.

| Year   | MADAD   | Migration & employment   |
|--------|---------|--------------------------|

|      |   Complaints received |   Complaints resolved |   Complaints received |   Complaints addressed forwarded State Government |   Marital complaints received addressed & to |
|------|-----------------------|-----------------------|-----------------------|---------------------------------------------------|----------------------------------------------|
| 2016 |                 11359 |                 10517 |                   231 |                                               231 |                                         1510 |
| 2017 |                 12464 |                 11295 |                   446 |                                               446 |                                         1498 |
| 2018 |                 16008 |                 12503 |                   350 |                                               350 |                                         1299 |

(d) With regard to the steps taken by the Government of India to address problems being faced by Indian Diaspora,employment and labour related issues are predominant in the ECR countries.

(1) The employment related issues are usually about non-payment of salaries and denial of legitimate labour rights and benefits such as non-issuance/renewal of residence permits, non-payment/grant of overtime allowance, weekly holidays, longer working hours, refusal to grant exit/re-entry permits for visit to India, refusal to allow the worker on final exit visa after completion of their contracts and   non-provision   of   medical   and   insurance   facilities   etc.   Incidents   of confinement,   abandoning   of   housemaids   by   their   sponsors   have   also   been reported. Steps taken by Government of India in the ECR countries to address labour related issues are as under:

(i). Complaints   regarding   employment   issues   are   forwarded   to   concerned State   Governments   and   Police   authorities   urging   them   to   apprehend   illegal agents and prosecute them on the basis of complaints. Wherever required such complaints are also referred to Missions/Posts abroad for providing relief/rescue through eMigrate/ MADAD Portals.

(ii). In view of complaints of exploitation and cheating by unscrupulous agents and foreign employers of the unskilled workers, who are the most vulnerable segment of the Indian society, Government has established a robust institutional framework for support and welfare of distressed overseas Indians. Among other welfare and protection measures, 'Surakshit Jao Prasikshit Jao' is the key component   of   the   protection   measures   adopted   for   the   welfare   of   the prospective emigrant workers to prevent them from cheating and fraud by the agents. The institutional framework has been considerably strengthened during over last four and-half years. The Indian Community Welfare Fund, the MADAD portal,    e-Migrate system, Pravasi Bharatiya Sahayta Kendras, help-lines, shelter homes etc. are some of the important mechanisms to expeditiously assist Indian nationals abroad.

(iii). The government is working in close coordination with foreign governments to address concerns related to employment and welfare of Indian workers. The Government has entered into Memorandum of Understanding (MOU/ Agreement on labour and manpower cooperation with a number of such countries in order to ensure that our workers in these countries work under protective legislation. These MoUs/ Agreements provide the overarching framework for cooperation on labour and manpower related issues. Such MoUs/ Agreements have been signed with   seven   countries,   namely,   Bahrain,   Jordan,   Kuwait,   Oman,   Qatar,   Saudi Arabia and UAE.

(iv) The   Government   maintains   the   data   in   respect   of   Emigration   Check Required (ECR) passport holders, travelling legally to any of the 18 ECR countries

for   overseas   employment.   On   receipt   of   such   complaints,   the   same   are addressed by the Indian Missions by taking them up with the concerned local government authorities  for   immediate   resolution.   Indian   Missions   in   Foreign countries also conduct Open Houses on a regular basis where workers can seek redressal  of   their   grievances.   Indian   Missions   in   foreign   countries   have   also established 24x7 helplines and toll free help lines   for   the   benefit   of   Indian workers to seek help. In addition, there are Kshetriya Pravasi Sahayata Kendras (KPSK) at Delhi, Kochi, Hyderabad, Chennai and Lucknow to assist emigrants or their   relatives   to   redress   their   problems/complaints   regarding   overseas employment. The Missions utilize the Indian Community Welfare Fund (ICWF) to provide assistance to overseas Indian nationals in times of distress including setting up of shelter homes.

(2) With regard to ECNR countries, the issues faced by the Indian Diaspora are mainly consular, marriage related and student related. The marital issues broadly relate   to   harassment   and   ill   treatment   by   husband   and   his   family,   loss   of communication with spouse after going abroad, assistance in serving judicial summons for court proceedings in India, assistance in obtaining maintenance from the spouse, requests for impounding or revoking passport of overseas Indian spouse, requests for extradition, deportation of spouse to India, child custody issues etc. This Ministry has been receiving petitions from Indian women who have been deserted/harassed by their NRI spouses. Various steps taken by the Government of India to address these issues are as below:

(i). This Ministry (including the Indian Missions abroad) has addressed these complaints of distressed Indian women deserted by their NRI spouses by way of providing   them   counseling,   guidance   and   information   about   procedures, mechanisms for serving judicial summons on the Overseas Indian husband, filing a case in India, issuing Look Out Circulars, impounding and revocation of Indian passport of the husband, getting access to lawyers and NGOs empanelled with Indian Missions abroad etc.

(ii). In addition, with an aim to provide financial and legal assistance to distressed women married to NRI spouses by all Missions and Posts, the Indian Community Welfare Fund (ICWF) Guidelines were revised in September, 2017.  The amount of legal & financial assistance to distressed Indian women has also been increased to US$ 4000 per case. The assistance is released to the empanelled legal counsel of the applicant or Indian Community Association/Women's Organization /NGO concerned to enable it to take steps to assist the woman in documentation and preparatory work for filing the case.

(iii) An   Expert   Committee   was   set   up   to   identify   legal   and   regulatory challenges faced by Indian nationals married to overseas Indian nationals and to suggest amendments in existing Acts/legislations or new policies/laws/regulations. Some   of   the   recommendations   of   the   Expert Committee have been accepted including the constitution of an Integrated Nodal Agency.

(iv) The INA is headed by Secretary, Women & Child Development . The other members   of   the   INA   are a)   Joint   Secretary   (Judicial)   &   Joint   Secretary (Foreigners),   Ministry   of   Home   Affairs,   b)   Joint   Secretary   (OIA-II),   Ministry   of External Affairs, and c) Joint Secretary (Legal), Ministry of Law & Justice. The INA is functioning as an effective body and providing a single window timely solution to the problems of Indian women married to overseas Indian spouses. So far, the INA has had thirteen sittings and has issued eight Look out Circulars against the erring spouses.

## Student issues

(i)  FAQs have been placed on the MEA website. Also, an expert group headed by Secretary, Ministry of External Affairs to address the student related issues has been formed.

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