CPI(M) MP says Overseas Mobility Bill clause may lead to differential treatment in emigration

New Delhi, Dec 12 (PTI) CPI(M) MP John Brittas on Friday wrote to External Affairs Minister S Jaishankar, expressing concerns over a clause in the draft Overseas Mobility (Facilitation and Welfare) Bill, 2025, which may inadvertently "lead to differential treatment".

In a letter addressed to Jaishankar, Brittas said while the intention to modernise India's migration governance framework is greatly appreciated, Clause 12 of the Bill raises "significant constitutional issues" and "may create scope for arbitrariness".

He said it may inadvertently lead to differential treatment of particular regions, religions, communities or socio-economic groups.

The Bill -- which proposes to repeal the Emigration Act, 1983 -- says under the clause that where the central government "has reason to believe, having regard to the security, sovereignty and integrity of the Republic of India, or in the interests of the general public or protection of emigrants, that mobility of certain category or categories of Indian citizens, to any country or group of countries, should be done according to a set procedure, it may lay down such procedures, or requirements as may be prescribed in this regard".

It also says the government may, as it may deem fit, make and notify such schemes and programmes for the protection and welfare of emigrants.

Brittas said it may be argued that Clause 12 is intended to facilitate safeguards for vulnerable categories such as female domestic workers, but such a justification may not withstand constitutional or statutory scrutiny.

"The special protection of women domestic workers -- like that of any vulnerable migrant group -- falls squarely within the expression of protection of emigrants, which features in several provisions of the Bill," he said.

The Rajya Sabha MP also said there appears to be no rational connection between the vulnerabilities of domestic workers and the broad national-security-oriented grounds contained in Clause 12.

"Reliance on grounds such as 'security', 'sovereignty', 'integrity of India' or 'general public interest' for selective categorisation of citizens for emigration restrictions may therefore amount to an expansion of executive's discretionary power, beyond what is required for the welfare-oriented purpose of the legislation," he said.

Brittas urged the minister to remove the clause from the proposed Bill.

The Overseas Mobility (Facilitation and Welfare) Bill, 2025, as per its draft, says it would consolidate and amend the laws relating to accessing a global workplace for citizens of India. It aims to develop a mechanism for safe, legal, orderly and regular mobility for employment and for work-related stays abroad. PTI AO PRK PRK