Introduction:
A section of society involved in menial work with minimum wages, these people comes from very vulnerable areas and communities who works as a helping hand in households, businesses or any institution known as ‘Domestic Worker’. The majority of them are poor, illiterate, unskilled and don’t understand the urban labour market. These majority usually gets ignored, overseen or not valued of their efforts. They are regulated poorly with underpaid and poorly valued conditions. Various issues raised with respect to victimizations, harassment, abuse, violence, lack of skills results in constant deprivation of basic human rights.
Historical Background
There are numerous laws for the protection of labours and their right, but only organised sectors are covered under these laws. Almost 93 per cent of the overall populations incorporate in unorganised sectors ranging from stall vendors to home cleaner[1], being this considered only 7 per cent belongs to the organised sector. There are an estimated 5 to 9 crore population of the country engaged in the unorganised sector[2]. The practice of hiring people without proper pay, rules and regulations has been in existence from a long period of time. Cottage industries, firework industries or places with labour intensive background with the complexity of rules often hire a worker who holds no protection under any laws reason being the said industry is not valid as per law.
To tackle these unrecognized sectors, Law came into existence which set out the basic minimum wages, compensation in case of damages/loss of life, improvement in working conditions etc with far wider reach for the purpose of restraining individuals from using force, abuse for the underprivilege[3]. Even now, the record shows a tremendous amount of trafficking prevails within the country as per the data of the National Human Rights Commission. The major cause of traffic is due to lack of education, unemployment and poverty, people tend to accept any odd jobs, at any rate, to feed their stomach thus such extent of measure cannot be contained. One of the reasons where such malpractices do exist is because of denial by society as a whole towards the existence of such people.
Indian Laws
Since independence, numerous laws implemented to protect the rights of workers across the nation. The thorough analysis shows that laws were made to safeguard the interest of workers only and no other class of people who needs protection from the employer but does come under any Laws. Acts such as Industrial Disputes, Gratuity Act, Employee State Insurance Act, Maternity Benefit Act, Provident Fund Act, Remuneration Act[4] etc, all of these Rules and regulation shows legislation of labour but when it comes to domestic workers, there is no such explanation whatsoever in any manner as they are not included within the scope any of the laws. Thus, without any integration or association of agencies for placement there won’t be any protection towards social and financial security of their livelihood.
The law must be implemented at the central level having enforceability over the entire country, to meet the regulatory requirement of domestic worker under a law. Legislature failed to recognize their existence in turn exploitation has been on a stagnant rise without any end. The major concern is to understand the value of recognizing domestic workers under the statute with the intention of safeguarding and promoting their interest. A large proportion of Domestic helpers are underaged children, who work in very harsh conditions, burdened with violence, malnourishment and without single heed of payment. There has been a direct connection of kidnapping cases and child labour[5], which in turns takes the form of slavery in case of male and sex trade with females. Their contribution to the economy is significant yet they are without rights and in shadows[6].
Protection and Recognition of Laws
The prohibition of child labour in domestic work under the child labour act 1986, Inter-State Migrant Workers Act this was the closest statutes available to domestic workers, ironically it was held ineffective. The legislation after many decades realized the importance of protecting domestic workers, in the year 2008 Domestic Workers Welfare and Social Security Act came into existence. It has been observed that, a drastic increase in demand for domestic workers that led to various form of exploitation irrelevant of their gender. To curb the burden and shaken this foundation of crime syndicate this statute came into existence which recognizes their rights, thus proved an effective measure to tackle it with ease.
The number of people who acquired work far from their homes usually a placement agency with ill-will extract funds from this vulnerable class, these are the oppressed community of the society who amounts to a huge number of populations thriving day in and out. Last 5 decades, with absolutely zero governance and protection under any law they just became a mere shadow of the society who works are extremely low wages with no leaves having no time limits which led to severe causes of malpractices and exploitation towards them women and children in almost all of the cases get deprived of their even basic right and necessities, poor living conditions, lack of nutrition often leads to more offensive behaviour by the oppressors.
Since the 2000s, many state governments took the initiative to regularise minimum wages to them, Delhi was the first place who took the action to promote and protect the domestic workers even before any statute, by considering them as labour and households, institutions as an employer. After a long wait when central Legislation took the charge and implemented the Domestic Workers Welfare and Social Security Act, a statute designed to fulfil the working conditions. This law recognized the important service sectors and plays a crucial role in India’s economy. Women who work as a domestic worker creates an impact by sharing the family burden. Considering the Directive Principles of Constitution of India Article 39, 41, 42, 43 and 43-A were put into effect along with 7th schedule entry 22,23 and 24 under List 3.
Domestic Worker Welfare and Social Security Act
It encompasses the right of domestic workers in India except for the State of Jammu and Kashmir, the state government will be the appropriate authority for monitoring the implementation of the law. The provider/employer as per the act can be individually associated or registered under coop societies act 1860 or any company or any person whether authorised by agency or otherwise.
The purpose of the committee is to review, implement, analyse the law from time to time, advising the State about the overall status with respect health, Security, benefits, awareness, education and other schemes, the core objective of this committee is to prevent exploitation in any form towards the marginalised sector. On various scales, the committee is established for easy redressals of grievance such as Central committee then state committee and below them district boards who covers a specified number of districts. The district board comes under the purview of state government, they can establish boards, their jurisdiction, composition. The purpose of the board is to settle disputes, registration of certificate etc. the board can implement schemes for the welfare.
Worker’s Facilitation Centres (WFC): This facility aids in registration of domestic workers works directly under the supervision of the board, any NGO, welfare associations, Panchayat Raj, Urban Local Bodies can act as WFC.
Employment: Worker cannot be employed by an agency or individual who is not registered with the board under the act, a record must be maintained by the employer.
Working Hours: Domestic workers cannot be forced to work above 8 hours a day and 48 hours in any week, during live in work maximum 12 hours a day with 3-4 hours break. An adult worker is not allowed to work exceeding the stated time. If so, ever such time is exceeded, overtime wages must be given to the worker but such overtime cannot exceed 10 hours any day and 50 hours in any week[7].
Wages: Wages are as per Minimum wages Act.
The Act puts specific importance on the female worker, in a case where any individual whether an employer or not takes the female worker to any immoral place, causes the environment of fear or any such act with mala fide intent, such person will be punished with imprisonment of 7 years or fine of Rs. 50000/- or both[8].
Offences: If any person violates the provision of this Act shall be punished as per the offences committed.
In 2010, Hon’ble High Court of Delhi pronounced judgement on the domestic worker setting out guidelines in terms. Children worker must be between the age of 14 to 18 years and adult would be above 18 years of age. The court observed the veil which was used to hide trafficking by describing it under domestic labour. Sometimes a child is actually taken as domestic worker someone takes all the hard-earned money away, this practice runs parallel with trafficking[9]. Legislation can be sued in case of malpractice by agencies to human life or failed to provide protection to the domestic worker, the committee must take the complaint made by family members of the worker, child services, Ngo’s, police or employer. The same must decide/resolved by the Committee within 30 days with valid reasons.
In one instance appellant who was a social activist made the submission before the commissioner towards the list of women in unorganised sector and benefits received by them, it was later turned out that no such relief is given to them. Women worker whether domestic, construction and up to what extent measure was taken by the ministry of labour to curb the indifferences while tackling the indiscrimination[10]. The ministry failed to furnish the appropriate data completely, it was observed that no maternity benefits ever received by workers, in the end, it was ordered that respondent will update complete statistics on their website within 90 days under the provision of Section 4 (1) (b), section 4 (1) (c), section 4 (1) (d) of RTI Act.
Conclusion
Being a part of a vulnerable worker class of society is a difficult journey in the first place. So far strategies to abolish or control exploitation achieved no good results. No specific data is available with regards to the unorganised sector. The law for sure enacted but the impact is not very far reach. In the times of need just like this covid pandemic, the situation is harsh for every citizen throughout the country and domestic worker who earning mainly from menial unskilled work comes under those categories which have been affected on a large scale throughout the time. International Labour Organisation in its convention on decent work for Domestic Workers in the year 2011, recognized them as worker the same as any other labour. These hard times shows the implication of law and formation of better laws to provide them with a source of living when such measure arise. Generally, they have been excluded from all the laws, give or take barely any relief of some sought ever received by them.
[1] Planning commission of India (2007)
[2] NSSO (2005)
[3] “Work and Human Lifecycle in Global History”
[4] Ministry of Labour & Employment, The Government of India. (List of Laws) 2011
[5] Global development India Child trafficking
[6] Working in the shadows of Home.
[7] Section 22 of the Act
[8] Section 23 of the Act
[9] Bachpan Bachao & Ors. vs Union of India & Others
[10] Vandana Prasad vs Ministry Of Labour & Employment on 16 November, 2018
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