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Emigration Management Bill, 2009 to replace the existing Emigration Act, 1983

The government is proposing to bring in a new legislation namely the Emigration Management Bill, 2009 to replace the existing Emigration Act, 1983. Addressing 8th Pravasiya Bhartiya Divas, Union Law Minister Dr. Veerappa Moily said that the proposed bill is aimed to transform emigration into a simple, transparent and efficient economic process, to facilitate legal migration and enhance the protection and welfare of workers. 

He said in the field of Family law, marital disputes, divorce proceedings and child custody issues affect Indians residing abroad in a major way. Women married abroad are often abandoned and the cases can drag on for years without resolution. The National Commission for Women is setting up a committee which will also address issues faced by such wives. We are committed to ensuring speedy and fair justice to all. The Law Ministry proposes to create a special purpose vehicle (SPV) under the National Legal Mission (recently approved in principle by the Cabinet), to dispose of all pending cases by year-end 2012 and reduce pendency in courts from an average of 15 years to three years. We propose to achieve this goal by addressing manpower, infrastructure and technology issues. 

Dr. Moily further said that Property disputes relating to both ancestral property as well as new property investments form a large part of the legal worries for Overseas Indians. Security of their investments in fixed assets must be guaranteed especially with the proliferation of schemes aimed especially at the Overseas Indian community. Easier and transparent access to state land records in order to verify titles in ancestral property disputes is being undertaken by various state governments. A policy for preventing encroachments and illegal occupation of properties owned by overseas Indians also needs to be put in place. In addition to “in bound” issues that Overseas Indians have to face in India we also need to examine “out bound” issues that Indian migrants face abroad. The legal migration process has been cumbersome, often involving misinformation, unscrupulous agents, and harassment. Indian workers abroad face mistreatment, confiscation of passports and irregular salary payments aside from substantial incident of illegal migration and human trafficking. 

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