Lok Sabha Question No. 2659 (UNSTARRED), answered on 2019-12-04
Subject: Complaints from Emigrants
Ministry: EXTERNAL AFFAIRS
Asked by: Kinjarapu Ram Mohan Naidu

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.2659 TO BE ANSWERED ON 04.12.2019

## COMPLAINTS FROM EMIGRANTS

## 2659. SHRI RAM MOHAN NAIDU KINJARAPU:

## Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a)    whether the complaints from emigrants about fraud agencies have increased in  recent years and if so, the details thereof;
- (b)     the steps taken for identifying fake emigration agencies;
- (c) the action  taken to rescue about 50 emigrants including 6 people from Srikakulam reported to be in distress in Democratic Republic of Congo;
- (d)          whether   the   Government provides rehabilitation support to emigrants who face physical and mental abuse while working abroad; and
- (e) If so, the details thereof?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS [SHRI V. MURALEEDHARAN]

(a) T he number of complaints registered against   fraud   agencies   with   the   Ministry   of External Affairs indicate that such complaints have increased in recent years.

The figure of such complaints received in the Ministry during the period of 2016 to October 2019 is as under:

| Year   |   No. of Complaints received |   Cases referred to State Governments for action |   Prosecution Sanction sought by State Governments |   Prosecution Sanction issued by Ministry of External Affairs |
|--------|------------------------------|--------------------------------------------------|----------------------------------------------------|---------------------------------------------------------------|
| 2016   |                          231 |                                              231 |                                                 42 |                                                            42 |
| 2017   |                          446 |                                              446 |                                                 30 |                                                            30 |
| 2018   |                          350 |                                              350 |                                                 15 |                                                            15 |
| 2019 # |                          610 |                                              610 |                                                 34 |                                                            34 |

## # (up to 31st October, 2019)

(b) According to Section 10 of emigration Act, 1983, no person can function as Recruiting agent without a valid certificate for licence. Therefore, any agent indulging in recruitment of any type for overseas employment, without a proper registration certificate from Ministry of External Affairs (MEA), is an illegal agent. Whenever complaint against any person or an agent indulging in recruitment who is not registered, is received, immediate cognizance of the same is taken by the Ministry. The complaints are sent to the concerned law enforcement authorities for taking further action under the relevant laws.

Complaints can also be lodged directly with the concerned law enforcement agencies by the affected persons, their relatives or any one from the public.

Through its various awareness programmes, the Government encourages emigration only through safe and legal means.  The various authorities and public are encouraged to make enquiries about any agent offering services for emigration. If such agents are found to be illegal, people are further encouraged to make complaints to the concerned authorities.

(c) According to information given by the Indian Mission in the Democratic Republic of Congo (DRC), in the months of July and August this year, a prominent member of the Indian Community there was contacted for help by some Indian nationals who had been recruited

by a Chinese company for working in the mines in the eastern region of the country. These workers wanted to return to India. The Mission provided all assistance, including issuance of emergency certificates, which enabled all of them to return to India. The number of people who   sought   assistance   from   the   Embassy   were   42,   which   included   6   persons   from Srikakulam.

(d) & (e) The terms for usage of Indian Community Welfare Fund (ICWF) which has been created to help Indian nationals in distress, including those undergoing physical and mental abuse, have been further liberalised since September, 2017. The revised guidelines 'inter alia' cover the following:

- (i) Boarding and lodging for deserving distressed Indian nationals abroad on a means tested   basis   in   budget   category   hold   or   shelters   run   by   Mission/Post   or   NGOs empanelled with Mission.
- (ii) Air passage to India to stranded Overseas Indian nationals
- (iii) Legal Assistance on a means tested basis to deserving overseas Indian nationals who have committed minor crimes, offences or  have  been  falsely   implicated   by   their employer and put in jails; fishermen/seamen/sailors/Indian students in distress;
- (iv) Legal   /   financial   assistance   to   Indian   women   abandoned/cheated/abused   by   their NRI/PIO or foreign spouses (up to seven years after their marriage).
- (v) Payment   for   small   fines   and   penalties   in   respect   of   Indian   nationals   for   minor offences/crimes; for illegal stay in the host country where prima facie the worker is not at fault, and to enable release of Indian nationals from jail/detention centre.
- (vi)   T ransportation of Mortal Remains and expenditure on incidentals of deceased Indian national   to   India   or   local   cremation/burial   of   deceased   in   such   cases   where   the employer, sponsor or insurance company is unable or unwilling to do so as per the contract and the family is unable to meet the cost.
- (vii) Emergency Medical Care on means tested basis to overseas Indians who are involved in an   accident   (with   serious   life   threatening   injuries)   have   life-threatening   medical conditions or suffer a serious disability.

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