Delhi HC directs centre to decide on representation for guidelines protecting indian students abroad
Dec 06, 2024
New Delhi [India], December 6 : The Delhi High Court has directed the Central Government to decide on a representation urging the Ministry of External Affairs (MEA) to formulate guidelines safeguarding the fundamental rights and interests of Indian students traveling abroad for education.
While disposing of the matter, Acting Chief Justice Vibhu Bakhru also comprising Justice Tushar Rao Gedela stated that it pertains to legislation and policy-making. However, the court directed the authorities to address the representation submitted by the petitioner NGO.
The plea submitted that these students currently lack adequate legal protection whatsoever, leaving them vulnerable to fraud, exploitation, and various malpractices perpetuated by unregulated educational agents and foreign institutions.
A plea moved by NGO Pravasi Legal Cell stated that the existing leg framework governing emigration, as provided under the Emigration Act of 1983, does not contain provisions specifically safeguarding Indian students who seek education abroad. This Act is employment-focused and does not extend its protections to Indian students.
In the absence of regulatory oversight, these students, while pursuing higher education outside India, are at substantial risk of becoming victims of exploitation, plea added.
The plea stated that, "In the absence of robust legal mechanisms for student's migration to abroad, Indian students are so vulnerable to severe exploitation and harassment not only in India but also in the destination countries. An appropriate legislation is the need of the hour to address this pressing issue. As an interim measure, appropriate guidelines on student's migration abroad will protect the rights and interests of the Indian students."
NGO President Jose Abraham through Advocate Basil Jaison claimed that there are rising incidents of fraud perpetrated against the students.
The plea further submitted that numerous cases have surfaced where students have been defrauded by unregulated educational agents. This includes false promises regarding university admissions, courses, and accommodations, resulting in significant financial losses.
Students lack legal resources under the Emigration Act 1983 or the Draft Bill 2021 to address grievances against fraudulent agents, unlike workers who have access to regulatory bodies and mechanisms for redressal, plea read.
