New Delhi, Dec 6 The Delhi High Court on Friday asked the Union government to decide on a representation seeking the formation of guidelines to protect the interests of Indian students travelling abroad for educational purposes.
A bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela asked the Ministry of External Affairs to take a call on the representation made by the petitioner, NGO Pravasi Legal Cell.
The petition said that students travelling abroad for educational purposes currently lack adequate legal protection leaving them vulnerable to fraud, exploitation, and various malpractices perpetuated by unregulated educational agents and foreign institutions.
"The existing legal framework governing emigration, as provided under the Emigration Act of 1983, does not contain provisions specifically safeguarding Indian students who seek education abroad," the petition added.
Filed through advocate Basil Jason, the PIL said that in the absence of regulatory oversight, these students, while pursuing higher education outside India, are at substantial risk of becoming victims of exploitation.
Section 2(f) of the Emigration Act, 1983, defines "emigration" as the departure of any person from India "with a view to taking up employment".
This narrow definition excludes a substantial class of individuals, namely students, from its ambit and consequently, the protections available to emigrants travelling for employment are not extended to those travelling for educational purposes, the petition said.
"The lack of statutory safeguards contravenes their fundamental rights to equality and protection of life and personal liberty, as guaranteed under Articles 14 and 21 of the Constitution of India. Indian students, while planning to move from their homeland, are thus placed in a vulnerable position with limited means of recourse against unethical practices and protect themselves from exploitation. An appropriate legislation is the need of the hour to address this pressing issue," the petition said, adding that as an interim measure, appropriate guidelines on students’ migration abroad will protect the rights and interests of the Indian students.
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