FROM BRAIN DRAIN TO BRAIN RETENTION: DESIGNING A SUSTAINABLE LABOUR MODEL FOR INDIA

AUTHOR – SAIPRASATH S, B.B.A. LL.B. (HONS.), VIT SCHOOL OF LAW, VELLORE INSTITUTE OF TECHNOLOGY, CHENNAI

BEST CITATION – SAIPRASATH S, FROM BRAIN DRAIN TO BRAIN RETENTION: DESIGNING A SUSTAINABLE LABOUR MODEL FOR INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 810-821, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India, as a diverse nation with a vast population and an average literacy rate of approximately 80 percent, has historically functioned as a major exporter of labour. Despite possessing significant future potential, India continues to remain a developing economy, partly due to the persistent outflow of human capital to foreign labour markets. This migration deprives the nation of two critical assets: first, the potential for domestic technological development and innovation, which directly contributes to national progress; and second, the skilled and unskilled workforce—including lawyers, doctors, engineers, entrepreneurs, and foundational labourers—whose services are essential to economic growth and nation-building.

This paper examines the legal and policy frameworks governing labour mobility and explores how India can transition from a labour-exporting nation to one that promotes labour retention, brain gain, and structured brain circulation. It analyses the role of legislative reforms, labour laws, and institutional mechanisms in creating a sustainable domestic employment ecosystem capable of retaining talent while simultaneously attracting global human capital.

KEYWORDS: labor exporter, Human Capital, Migration, Technology, Skilled and Unskilled, brain gain, brain circulation