New Delhi: The Delhi High Court has directed the Centre to decide on a representation urging the Ministry of External Affairs (MEA) to frame guidelines to protect the fundamental rights and interests of Indian students going abroad for education. Disposing of the matter, Acting Chief Justice Vibhu Bakhru, including Justice Tushar Rao Gedela, said it pertains to law and policy-making. The court, however, directed the authorities to consider the representation submitted by the petitioner NGO.
"These students are not getting adequate legal protection at present, making them vulnerable to fraud, exploitation and various malpractices by unregulated educational agents and foreign institutions," the plea said. The petition, filed by NGO Pravasi Legal Cell, said the existing legal framework governing emigration under the Emigration Act of 1983 specifically lacks provisions that specifically protect Indian students pursuing education abroad. The Act is employment-centric and does not provide its protection to Indian students. In the absence of regulatory oversight, the risk of these students pursuing higher education outside India is quite high, the plea said.
"In the absence of a robust legal mechanism for migration of students abroad, Indian students face severe exploitation and harassment not only in India but also in the destination countries. A proper law is needed to address this burning issue. As an interim measure, appropriate guidelines on migration of students abroad will protect the rights and interests of Indian students. Jose Abraham, president of the NGO, through advocate Basil Jason, claimed that incidents of cheating against students are on the rise.
The petition further stated that there have been several cases where students have been cheated by irregular educational agents. This includes false promises about university admissions, courses, and accommodation, resulting in significant financial losses. The petition states that students lack legal resources under the Emigration Act 1983 or the Draft Bill 2021 to address grievances against fraudulent agents, while workers have access to regulatory bodies and mechanisms for redressal.
(News Agency)