Lok Sabha Question No. 161 (STARRED), answered on 2016-03-09
Subject: Fraudulent Recruitment Agencies
Ministry: EXTERNAL AFFAIRS
Asked by: PREM SINGH CHANDUMAJRA, (SMT.) RATNA DE(NAG)

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA STARRED QUESTION NO.161 TO BE ANSWERED ON 09.03.2016

## FRAUDULENT RECRUITMENT AGENCIES

- *161. SHRI PREM SINGH CHANDUMAJRA: DR. RATNA DE(NAG):

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a) whether cases of torture/exploitation of Indians abroad, particularly in Middle-East countries have been reported and if so, the details thereof during the last 3 years, country- wise;
- (b) whether the Government  in consultation with the respective State Governments has taken remedial measures in the matter and if so, the details thereof;
- (c) whether  stringent  action  has  been  taken  against  fraudulent recruitment agencies for illegal placements abroad and if so, the details thereof  along with guidelines/norms laid down by the Government in this regard;
- (d) the steps taken to create awareness among workers regarding assistance available in times of distress; and
- (e) the mechanism  in place with Indian embassies/missions abroad for providing support and aid to Indians in such difficult situation?

## ANSWER THE MINISTER FOR EXTERNAL AFFAIRS (SHRIMATI SUSHMA SWARAJ)

- (a) to (e)    A Statement is laid on the Table of the House.

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## STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (e)  OF  THE  LOK SABHA STARRED QUESTION NO. 161 REGARDING 'FRAUDULENT RECRUITMENT AGENCIES' FOR ANSWER ON 09.03.2016

(a) As per information made available to this Ministry by the Indian Missions / Posts in ten Middle East countries, including six GCC countries, there is no general pattern to indicate an increase in cases of torture/exploitation of Indian workers. Details of complaints received during the last three years are at Annexure I. Most of these complaints were addressed by the Indian  Missions  by  taking  them  up  with  the  concerned  foreign  authorities.  Complaints pertaining to employment were taken up by the Indian Missions with the concerned foreign employer / Labour Department officials in that country.

(b) & (c) Government  has  been  writing  to  all  State  Governments  to  take  action  against fraudulent and illegal recruitment agents, from time to time.  Whenever a complaint is received against any unregistered recruiting agent, the complaint is forwarded to Secretary (Home) of the concerned State Government with a copy to DGP of the State and Superintendent of Police in that District to take immediate action against such unscrupulous agents under provisions of IPC and Emigration Act 1983. As law and order is a State subject, the local police are authorized to take  action  on  its  own,  if  a  FIR  is  lodged  by  the  complainant  or  his  relative(s).  Whenever prosecution  sanction  is  required  to  be  issued,  on  the  basis  of  a  request,  such  sanction  is immediately granted. Details of last 3 years are at Annexure II.

(d) & (e) Government  of  India  has  signed  MoUs  with  6  Gulf  countries,  Jordan  and Malaysia as per details given at Annexure III .    The broad principles covered in the MoUs include:

- (i) Declaration of mutual intent to enhance employment opportunities and for bilateral cooperation in protection and welfare of workers.
- (ii) The  host  country  to  take  measures  for  protection  and  welfare  of  the  workers  in organized sector.
- (iii)   Statement of the broad procedure that the foreign employer shall follow to recruit Indian workers.
- (iv) The recruitment and terms of employment to be in conformity with the laws of both the countries.
- (v) Constitution of Joint Working Groups which would meet regularly to find solutions to bilateral labour problems.

These MOUs are renewed/signed afresh, from time to time, during which process any modifications are duly considered for inclusion.

The Government of India has set up Indian Community Welfare Fund (ICWF) in all the  Indian Missions / consulates abroad to meet contingency expenditure incurred by them for carrying out various welfare activities for overseas Indian citizens who are in distress. The objectives of the ICWF include:

- (i) Boarding and lodging for distressed Overseas Indians in need;
- (ii) Extending emergency medical care to the Overseas Indians in need;
- (iii)   Providing air passage to stranded Overseas Indians in need;
- (iv) Providing initial legal assistance to the Overseas Indians in deserving cases;
- (v) Expenditure  on  incidentals  and  for  airlifting  the  mortal  remains  to  India  or  local cremation/burial of the deceased Overseas Indians in such cases where the sponsor is unable or unwilling to do so as per the contract and the family is unable to meet the cost;
- (vi) roviding for the payment of penalties in respect of Indian nationals for illegal stay in the host country, where, prima facie the worker is not at fault;
- (vii)   Providing the payment of small fines / penalties for the release of Indian nationals in jails/ detention centres;

Government of India have also started an on-line programme ' Madad' which includes a helpline for lodging the grievances of the emigrants, which are attended to on priority basis.

The  Ministry  has  set  up  a  24X7  Helpline  'Overseas  Workers  Resource  Centre (OWRC)' in Gurgaon, Haryana which provides information and guidance on all matters and problems pertaining to overseas employment of Indian nationals.  Indian Workers Resource Centre  (IWRC)  set  up  in  Dubai  by  Embassy  of  India,  in  UAE,  provides  guidance  and counseling on all matters pertaining to overseas Indian workers in UAE.

Shelter  homes  for  distressed  Indian  nationals;  have  been  set  up  in  Malaysia,  UAE, Qatar,  Kuwait, Bahrain,  and Kingdom of Saudi  Arabia.  These shelter homes provide free boarding and lodging to overseas Indians in distress pending their repatriation.

Our Embassies in Gulf countries viz. UAE, Saudi Arabia, Kuwait, Bahrain, Oman and Qatar have an Open House on all working days providing direct access to workers to relevant Embassy  officials  to  convey  their  grievances.  Open  Houses  are  also  conducted  with  the presence of our Ambassadors on a regular basis in all these Missions.  Other measures are also in place to enable Indian workers in Gulf countries to contact respective Indian Embassies in distress  and  emergency  situations  such  as  24X7  helplines,  toll-free  helplines  and  mobile applications.

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Details  provided  by  the  Indian  Embassies  in  ten  countries,  including  six  in  GCC countries in last three years.

## NUMBERS OF LABOUR COMPLAINTS

|   No. | Name of Mission         | 2013     | 2014    | 2015    | 2016 (Feb 2016)   |
|-------|-------------------------|----------|---------|---------|-------------------|
|     1 | Bahrain(*)              | 820 (18) | 821(15) | 833(11) | 92(1)             |
|     2 | Iraq                    | -        | 18      | 301     | 50                |
|     3 | Jordan                  | Nil      | Nil     | 03      | Nil               |
|     4 | Kuwait                  | 2443     | 3033    | 3493    | 414**             |
|     5 | Lebanon                 | Nil      | Nil     | Nil     | Nil               |
|     6 | Qatar                   | 3965     | 3943    | 4132    | 787#              |
|     7 | Oman                    | 1748     | 1358    | 1097    | 330               |
|     8 | UAE                     | 1104     | 1718    | 1936    | 383               |
|     9 | Kingdom of Saudi Arabia | 2866     | 3732    | 2921    | 630               |
|    10 | Sudan                   | Nil      | Nil     | Nil     | Nil               |

**Upto January, 2016.

# Upto March 7, 2016.

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ANNEXURE II

## COMPLAINTS AGAINST FRAUDULENT AND ILLEGAL RECRUITING AGENTS DURING LAST THREE YEARS

| Year                  |   No. of complaints |   Cases referred to State Govt. /POE for action |   Prose-cution Sanction sought |   Prose-cution sanction issued |
|-----------------------|---------------------|-------------------------------------------------|--------------------------------|--------------------------------|
| 2013                  |                 272 |                                             261 |                             05 |                             05 |
| 2014                  |                 170 |                                             153 |                             08 |                             08 |
| 2015                  |                 195 |                                             101 |                             11 |                             11 |
| 2016 (Upto 29.2.2016) |                  15 |                                              35 |                              0 |                              0 |

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List of countries with whom  the Government of India has signed bilateral Memorandum  of Understanding (MoU) regarding matters concerning overseas employment of ECR category workers.

|   S.No | Country                                                     | Date                          |
|--------|-------------------------------------------------------------|-------------------------------|
|      1 | UAE                                                         | December 2006 & November 2007 |
|      2 | Qatar                                                       | April 2007                    |
|      3 | Kuwait                                                      | April 2007                    |
|      4 | Oman                                                        | November 2008                 |
|      5 | Malaysia                                                    | January 2009                  |
|      6 | Bahrain                                                     | June 2009                     |
|      7 | Kingdom of Saudi Arabia ( for Domestic Sector Workers only) | January 2014                  |
|      8 | Jordan                                                      | 1980                          |

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