A plea has been filed in the Delhi High Court urging the Ministry of External Affairs (MEA) to establish guidelines that would protect the fundamental rights and interests of Indian students traveling abroad for educational purposes. The petition points out that these students currently lack adequate legal protections, leaving them vulnerable to fraud, exploitation, and other malpractices by unregulated educational agents and foreign institutions.
The plea, submitted by NGO Legal Pravasi Bhartiya, argues that the existing legal framework governing emigration, under the Emigration Act of 1983, does not provide specific protections for Indian students seeking education abroad. The Act, which is primarily employment-focused, does not extend its safeguards to students.
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In the absence of regulatory oversight, students pursuing higher education outside India are at substantial risk of exploitation, the plea states. It further highlights, “In the absence of robust legal mechanisms for student’s migration 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.”
Jose Abraham, the President of the NGO, through Advocate Basin Jaison, claimed that incidents of fraud against students are on the rise. The plea also mentions that numerous cases have emerged where students have been defrauded by unregulated educational agents, who made false promises regarding university admissions, courses, and accommodations, leading to significant financial losses.
The petition further states that, unlike workers who have access to regulatory bodies and redressal mechanisms, students lack legal resources under the Emigration Act of 1983 or the Draft Bill 2021 to address grievances against fraudulent agents.
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