The Delhi High Court has directed the central government to take action on a representation seeking the formulation of guidelines to safeguard the rights and interests of Indian students studying abroad.
The petition, filed by the NGO Pravasi Legal Cell, raised concerns about the vulnerability of Indian students to exploitation, fraud, and various malpractices due to a lack of legal protection.
In a ruling passed by Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela, the court acknowledged the matter as one related to legislation and policy-making.
However, the court also ordered that the representation be addressed, directing the authorities to decide on it. The plea, submitted by the NGO, highlighted that Indian students, while pursuing education abroad, are exposed to numerous risks due to the absence of specific legal safeguards.
Currently, the legal framework governing emigration under the Emigration Act of 1983 is primarily focused on employment-related matters and does not offer protections for students seeking education abroad.
As a result, students are left without any legal recourse if they fall victim to fraud or exploitation by unregulated educational agents or foreign institutions.
The NGO's petition argued that in the absence of strong legal mechanisms, students are at significant risk of becoming victims of exploitation, both within India and in their host countries.
The plea further emphasized the need for legislation that would specifically address the unique challenges faced by students who migrate for education. It called for the establishment of guidelines as an interim measure, which would offer students much-needed protection during their journey abroad.
The petition also pointed out the increasing number of fraudulent activities targeting students. These frauds often involve unregulated agents making false promises regarding university admissions, courses, and accommodation, which result in significant financial losses for the students.
According to the petition, the lack of a comprehensive legal framework leaves students with no resources to address grievances against such fraudulent agents.
Unlike workers who have access to regulatory bodies and redress mechanisms under the Emigration Act 1983 and the proposed Draft Bill 2021, students do not have similar legal protection.
This disparity has led to a situation where students are left to fend for themselves, with no clear channels for addressing grievances related to fraud or exploitation.
Jose Abraham, the president of Pravasi Legal Cell, through Advocate Basil Jaison, highlighted the rising incidents of fraud against Indian students.
The plea stressed that without a robust legal framework to protect students, the situation is likely to worsen, and more students will continue to face exploitation.
The plea also highlighted that Indian students, when studying abroad, often find themselves at the mercy of agents who may not be registered or regulated. This has led to a growing number of cases in which students have been defrauded of large sums of money, with little recourse for recovery.
Given the increasing number of complaints, the NGO has called for the formulation of specific guidelines by the Ministry of External Affairs (MEA) that would provide students with the necessary legal protections during their education abroad.
These guidelines would address the growing concern about the exploitation and harassment that Indian students face and ensure that they have access to legal recourse in case of any grievances.
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