THE LEGAL JOURNEY
For the situation of domestic workers to improve, it is essential that people's mindsets regarding domestic work undergoes a drastic change. The perception of domestic work currently is on the lines of "paternal benevolence" as Professor of Economics and vocal spokesperson for domestic workers' rights, Dr. Jayati Ghosh explains.
But this change in perception is not enough. For the rights of domestic workers to be ensured, they need to be granted their rights in the first place. A legal framework in the form of the National policy for Domestic Workers is being prepared by the government, but it hasn't seen the light of the day after being proposed as early as 2011.
One of the reasons why a national legislation could not be brought about is that labour is classified into the concurrent list in the list of subjects of the federal division of states and center in India.
Various states including Maharashtra, Tamil Nadu, Odisha, Rajasthan, Karnataka, and Kerala have included domestic work in their list of professions which are specified under the Minimum Wages Act, 1948.
But this change in perception is not enough. For the rights of domestic workers to be ensured, they need to be granted their rights in the first place. A legal framework in the form of the National policy for Domestic Workers is being prepared by the government, but it hasn't seen the light of the day after being proposed as early as 2011.
One of the reasons why a national legislation could not be brought about is that labour is classified into the concurrent list in the list of subjects of the federal division of states and center in India.
Various states including Maharashtra, Tamil Nadu, Odisha, Rajasthan, Karnataka, and Kerala have included domestic work in their list of professions which are specified under the Minimum Wages Act, 1948.
Regulating placement agencies
When asked why can't placement agencies be summoned for court hearings, Subhash Bhatnagar, veteran in rescuing domestic workers who get trafficked, replied "Can you summon air?" Placement agencies for domestic workers often run like a formless business. Usually young girls from Chattisgarh, Assam, Jharkhand, as well as the migrants, get caught in their trap.
"They keep switching SIM cards, and put a different one each time they have to get in touch with someone," says Bhatnagar, emphasizing how unaccountable these agencies are. Placement agencies are at the center of the domestic workers' business in India. They source labour, transport them and place them in houses for 24-hour work. |
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Experts suggests many ways in which placement agencies can be made accountable, in order to curb the exploitation caused by them.
1. Employers are the first and the most authentic point of contact with the placement agencies. They need to help in identifying the placement agencies.
2. Registration should be made mandatory for these agencies with a government agency or board set up for this purpose.
3. Inspections should be made on regular basis on the workings: consent letters of the workers should be collected along with their verification.
1. Employers are the first and the most authentic point of contact with the placement agencies. They need to help in identifying the placement agencies.
2. Registration should be made mandatory for these agencies with a government agency or board set up for this purpose.
3. Inspections should be made on regular basis on the workings: consent letters of the workers should be collected along with their verification.
Gender, caste and economics
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Domestic work has been a legacy of the caste system in India. The system of division of work according to the person's caste and gender made sure tasks of cleaning were assigned to the people of lower castes. And domestic work got assigned to the women of these castes.
In the urban set up, caste gets substituted by class. Poverty becomes a determining factor. However, this has serious implications when the work of a certain section of society is considered as 'work', and when the work of a certain other section is not. The implications in the calculating the value of the economy is one of the major concerns. "The work done by domestic workers has a great value to the economy," says Dr. Jayati Ghosh. She explains how the valuations get muddled in a system of discrimination. |
The recognition of domestic workers as professionals is linked to the seeing this work as an activity. The employer's space transforms into a workplace for the time a worker is working there. All those who employ these workers have the responsibilities an employer does.
The enforcement of a law which would grant these provisions is going to be a complex process. A mechanism will have to be put in place to curb crime, establishing welfare schemes and most importantly, in recognising the work as valuable work without which the current valuations of national economy would stand incorrect.
The enforcement of a law which would grant these provisions is going to be a complex process. A mechanism will have to be put in place to curb crime, establishing welfare schemes and most importantly, in recognising the work as valuable work without which the current valuations of national economy would stand incorrect.