Delhi High Court Pushes for Guidelines to Protect Overseas Students

New Delhi- The Delhi High Court on Friday urged the Union government to consider establishing guidelines to safeguard Indian students pursuing higher education abroad. The court's recommendation comes in response to a petition filed by NGO Pravasi Legal Cell, which highlighted the lack of legal protection for these students.

The petition argues that the current Emigration Act of 1983, which focuses on employment-related emigration, leaves a significant portion of students unprotected. The act defines "emigration" as leaving India to take up employment, excluding students from its purview. This narrow definition, as outlined in Section 2(f) of the Act, leaves students vulnerable to exploitation, fraud, and malpractices by unregulated educational agents and foreign institutions, the petition states. The NGO emphasizes that pursuing higher education abroad exposes students to significant risks due to the absence of regulatory oversight.

The petition, filed by advocate Basil Jason, calls for interim guidelines to protect students' rights and interests until comprehensive legislation can be enacted. The guidelines are necessary to address the fundamental rights violations of students, specifically their rights to equality and protection of life and personal liberty, as guaranteed by Articles 14 and 21 of the Indian Constitution.

The bench, comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela, has directed the Ministry of External Affairs to review the representation made by Pravasi Legal Cell and take appropriate action.