Key words: Domestic worker, Labour Rights, Human Rights, Social Justice and Social Security
INTRODUCTION :
labourers who work in or for a private family or households are known as domestic labourers. They are important players in the care economy because they offer both direct and indirect care services. They may be responsible for housekeeping, cooking, laundry, ironing, gardening, watching after young children or ailing family members, driving the family vehicle, taking care of domestic pets, and defending the house. A domestic worker can be hired full-time, part-time, by a single family, through a service provider, or both. They can live in the employer's home as a live-in worker or in their own home as a live-out. A domestic worker may be referred to as a migrant domestic worker if they are employed in a nation other than their own. Twenty-five percent of the 75.6 million domestic workers globally are men, with 76.2 percent of them being women. For female employees, domestic labour is a more significant source of employment than for male employees.
Although they provide essential services, domestic workers rarely have access to rights and protection. Around 81 per cent are in informal employment – that’s twice the share of informal employment among other employees. They also face some of the most strenuous working conditions. They earn 56 per cent of average monthly wages of other employees, and are more likely than other workers to work either very long or very short hours They are also vulnerable to violence and harassment, and restrictions on freedom of movement. Informal domestic workers are particularly vulnerable. Informality in domestic work can partly be attributed to gaps in national labour and social security legislation, and partly to gaps in implementation.
Domestic workers are the largest unorganised working class in India. Majority of them belongs to Schedule Caste, Schedule Tribe or Other Backward Community. Most of them fall under the category of women and children. Their nature of work varies from cooking, cleaning, washing, gardening, purchase of vegetables and consumer items. In many cases they are compelled to do agriculture and allied woks also.The absence of any specific study makes the ascertainment of the total number of domestic workers, difficult. However, a 1980 study conducted by the Catholic Bishops Conference of India (CBCI) found that in Kerala and Tamil Nadu 90 per cent of them were females; and in Delhi it was 45 per cent.
Problems faced by the domestic workers are innumerable: less wages, unlimited working hours, inadequate working atmosphere, low quality food, sexual exploitation, lack of medical care and social security are few in the umpteen issues. The domestic workers employed in the Gulf countries are the most vulnerable group. With no rights, most of them have become contemporary slaves. Employment of children as domestic workers is another serious issue.3 Many of them are trafficked and exploited by the placement agencies, which operate without any form of State regulations. In the last few decades there has been a tremendous growth in the demand for domestic workers. To meet this demand there has been a spurt of thousands of placement agencies providing domestic workers. However, a specific statute to regulate this unorganised sector is absent in India. The present article analyzes the international and national legal frame work governing domestic workers.
HYPOTHESIS:
“Domestic workers in the Chennai region face significant challenges, including low wages, long working hours, lack of legal protections, and exposure to various forms of abuse and exploitation. These challenges are exacerbated by factors such as gender, migration status, and socio-economic background, leading to adverse impacts on their overall well-being and quality of life.”
REVIEW OF LITERATURE :
Certainly! Here are five reviews of literature for your paper titled “Challenges Faced by Domestic Workers in India”:
Well-Being of Domestic Workers in India,This study highlights the demanding and undervalued nature of domestic work in India. It discusses the mental health issues faced by domestic workers, such as depression, anxiety, and suicidal tendencies, which are exacerbated by factors like intimate partner violence and financial burdens.
Informalized Workforce of Women Domestic Workers: Case of Bengaluru Metropolitan Region This research focuses on the socio-economic conditions of women domestic workers in Bengaluru, particularly during the COVID-19 pandemic. It examines the precarious nature of their employment, the impact of the pandemic on their livelihoods, and the power dynamics between workers and employers.
Dignity and Human Rights Violations at the Workplace: Intersectional Vulnerability of Women Domestic Workers in India This article explores the intersectional vulnerabilities faced by women domestic workers, including low wages, informal work relations, unsafe working conditions, and lack of legal protection. It highlights issues such as physical and sexual violence, caste discrimination, and the absence of organizational platforms for advocating labor rights.
Challenges and Working Conditions of Women Domestic Workers,This overview addresses the various challenges faced by women domestic workers, such as sexual harassment, lack of formal contracts, low wages, and heavy workloads. It also discusses the mistreatment by employers and the additional burdens faced by workers from rural areas.
Recognition of the Rights of Domestic Workers in India, This chapter discusses the recognition of domestic workers’ rights in India, focusing on the unregulated nature of the sector and the lack of policies to protect workers. It highlights the issues of underpayment, caste and religious discrimination, and non-recognition of skills.
OBJECTIVE OF THE STUDY :
To analyse the challenges and socio economic problems faced by domestic workers in Chennai region .
This study analyses on the laws and regulations formulated by State and National Government .
RESEARCH GAP :
The previous research paper were either secondary data or had data from pan India but this study focuses on the socio economic problems faced by workers in Chennai region only and it is based on primary data colectee from the domestic workers.
RESEARCH METHODOLOGY :
This research employs a mixed-methods approach, integrating both primary and secondary data to provide a comprehensive analysis of the subject matter.
Primary data is collected through structured surveys and in-depth interviews with key stakeholders, ensuring firsthand insights and up-to-date information. The primary data were collected from domestic workers in person interview through the authors and data was recorded in thegoogle sheet by them based on the input given. The interview has sem structured questions and whose were asked first to the respondents and the authors even had a conversation to understand the indepth issues in the life of domestic workers.
Secondary data is sourced from existing literature, including academic journals, government reports, and industry publications, to contextualize and support the primary findings. The combination of these data sources enhances the robustness of the research, allowing for triangulation and validation of results. Data analysis involves both quantitative and qualitative techniques, ensuring a thorough examination of the research questions. This methodological approach ensures a holistic understanding of the topic, leveraging the strengths of both primary and secondary data.
LIMITATION OF THE STUDY :
This study is limited to the domestic workers of Chennai region alone and this data might not be feasible for pan India and their can be variations in the study .
WHO ARE DOMESTIC WORKERS :
The term ‘domestic worker’ is not susceptible to any precise definition. In India, the absence of a central statute governing them makes the attempts to define the term, difficult. Anyhow, the Domestic Workers (Welfare and Regulation of Employment) Bill, 2015 introduced in the Lokh Sabha, defines "domestic worker" as “a person employed in a household for domestic work.”The meaning given in the Bill is inadequate. The term “domestic work” is also defined vaguely as “all household chores, child care, personal care or any other job connected with household work.” Though the Bill was introduced in 2015, so far it has not received the approval of the Parliament.
The International Labour Organisation (ILO) Convention on ‘Decent Work for Domestic Workers, 2011 defines the term “domestic worker” so as to include “any person engaged in domestic work within an employment relationship.”The Convention has given wider amplitude and has more application. The definition covers all domestic work inside and outside the house and done in an employer – employee relationship. Hence, an office boy purchasing vegetables for his master can be considered as a domestic worker. The Convention also defined the word ‘domestic work’ as that “performed in or for a household or households.” However, persons who perform domestic work occasionally or sporadically were excluded from the definition.
In 2017, the Ministry of Labour & Employment has taken steps for simplification, amalgamation and rationalization of Central Labour Laws and replacing them with four Labour Codes viz. Code on Wages, Code on Industrial Relations, Code on Social Security & Welfare, and Code on Occupational Safety, Health & Working Conditions. The Draft Labour Code on Social Security & Welfare defined the term “domestic worker” as “a person who is employed for remuneration whether in cash or kind, in any house hold or similar establishments through any agency or directly, either on a temporary or contract basis or permanent, part time or full time to do the household or allied work and includes a replacement worker who is working for the main workers for a short and specific period of time as agreed with the main worker.” Explanation- household and allied work includes but is not limited to activities such as cooking or a part of it, washing clothes or utensils, cleaning or dusting of the house, driving, gardening, caring/nursing of the children/sick/old/mentally challenged or disabled persons. This is an exhaustive definition of domestic worker.
INTERNATIONAL CONVENTION BY ILO :
Domestic Workers Convention, 2011
In 2011, an overwhelming majority of 185 member States of the ILO voted in favour of adopting the Domestic Workers Convention No. 189. The Convention provides: (a) freedom of association and the effective recognition of the right to collective bargaining, (b) the elimination of all forms of forced or compulsory labour, (c) the effective abolition of child labour and (d) the elimination of discrimination in respect of employment and occupation. Member State shall take measures to ensure that domestic workers:- (a) are free to reach agreement with their employer or potential employer on whether to reside in the household, (b) who reside in the household are not obliged to remain in the household or with household members during periods of daily and weekly rest or annual leave and (c) are entitled to keep in their possession their travel and identity documents. This is the only document recognised by the member States for the protection of rights of the domestic workers. The provisions of the Universal Declaration of Human Rights (UDHR), 1948, International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 etc have general application.
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979:
The Convention empowers the member States to take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to work as an inalienable right of all human beings; (b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment; (c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training; (d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work; (e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave; (f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.
Indian Constitutional and Statutory Frame Work:
Protection under Indian Constitution:
Constitution is the grund norm in every State. It protects the rights of the vulnerable sections of the society. In a report submitted by the Ministry of Women and Child Development, 40% of India's children have been declared to be vulnerable or experiencing difficult circumstances. They are entitled to special protection under Articles 14, 15, 17, 21, 23 and 24 of the Constitution. Every person is entitled to equality before the law and equal protection of the laws; and no person can be deprived of his life or personal liberty except according to procedure established by law.
Article 21 of the Constitution is the sum and substance of human rights of a person. In Bandhua Mukti Morcha v. Union of India P.N Bhagwati, J. observed that “It is the fundamental right of everyone in this country, assured under the interpretation given to Article 21 by this Court in Francis Mullin case to live with human dignity, free from exploitation. This right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly Clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. These are the minimum requirements which must exist in order to enable a person to live with human dignity and no State, neither the Central Government nor any State Government, has the right to take any action which will deprive a person of the enjoyment of these basic essentials.”
The Directive Principles of State Policy under Part IV of the Constitution also impose State responsibility to secure:- (a) equal right to an adequate means of livelihood, (b) ownership and control of the material resources of the community are so distributed as best to sub serve the common good,(c) the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment, (d) equal pay for equal work for both men and women, (e) health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength and (f) children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
The Minimum Wages Act, 1948:
The purpose of the Act is to provide minimum rates of wages in certain employments. In Bijay Cotton Mills Ltd. v. State of Ajmeer, the apex court held that ‘it can scarcely be disputed that securing of living wages to labourers which ensure not only bare physical subsistence but also the maintenance of health and decency is conducive to the general interest of the public. This is one of the Directive Principles of State Policy embodied in Article 43 of the Constitution. The workmen must get minimum wages and if the management cannot afford to do so, it has no right to exist.
One of the central pillars for ensuring conditions of decent work for domestic workers in India has been the wage rates notified for domestic work. Despite the patchy coverage of domestic workers under various labour laws, in recent years, some State governments have notified minimum wages for domestic workers. The Supreme Court further held that while fixing the minimum wages, expenses for children, education, medical requirement, minimum recreation including festivals/ceremonies and provision for old age, marriage should constitute 25 per cent of the total minimum wage. The wage structure, which approximately answers the above components, is nothing more than a minimum wage at subsistence level. The employees are entitled to the minimum wage at all times and under all circumstances.21
Even if there is no statutory direction for the payment of fixed wages to the domestic workers, some State governments issued executive orders for payment of minimum wage to the domestic workers. These orders are neither based on any study nor considering index of living conditions of the workers. The Labour and Skill (E) Department, Government of Kerala has directed to pay Rupees 5070 as monthly minimum wage for the domestic works.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
Domestic servants are often excluded from labour laws which mean they are not entitled to the same rights as other workers. Sexual harassment against domestic workers is a nightmare prevalent in the domestic worker scenario. House owner, his wife, children, friends, relatives, and neighbours are always a threat to the domestic workers. In Vishaka v. State of Rajasthan the Supreme Court issued certain guidelines for the protection of women employees at work place. The Sexual Harassment Act, 2013 protects women against ‘sexual harassment’ at ‘workplace.’ It declares that, ‘no woman shall be subjected to sexual harassment at any workplace.’ The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment: (i) implied or explicit promise of preferential treatment in her employment; or (ii) implied or explicit threat of detrimental treatment in her employment; or (iii) implied or explicit threat about her present or future employment status; or (iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or (v) humiliating treatment likely to affect her health or safety.
The term “workplace” includes inter alia, “a dwelling place or a house; “and “sexual harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:
(i) Physical contact and advances; or
(ii) A demand or request for sexual favours; or
(iii) Making sexually coloured remarks; or
(iv) Showing pornography; or
(v) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Any aggrieved woman can make a complaint against the respondent.“Aggrieved woman” means: (i) in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent; and (ii) in relation to a dwelling place or house, a woman of any age who is employed in such a dwelling place or house.
Employees’ State Insurance Act, 1948:
In many situations illiterate domestic workers are forced to work in a pathetic situation in connection with the health, safety and security of the worker. Presently, except under vague tortuous law principles, no special statutory obligations have been imposed upon any person to protect the health and safety of the domestic workers. Even though the Employees State Insurance (ESI) Act, 1948 was enacted mainly against employees in the industry and other business organisations, it is advisable to apply it to domestic workers also. The object of the Act is to provide for certain benefits to employees in case of sickness, maternity and ‘employment injury’ and to make provision for certain other matters in relation thereto.
In P. Asokan v. Western India Plywoods Ltd Sukumaran, J. beautifully explained the importance of E.S.I Act as “Law had no difficulty in projecting an equity aspect, in imposing a burden on the master and relieving the hardship of the servant, who was at any rate in those days, an underdog, with unlimited disabilities and difficulties. Even when the servant was guilty of a tort, the master also was saddled with the responsibility to meet the claim of the victims of the servant's negligence. The theory of vicarious liability was evolved and developed over the years.”
Unorganised Workers’ Social Security Act, 2008:
There are many unorganised sectors of working class in the length and breadth of India. Workers associated with agriculture, farming, weaving, fishing, house hold works, painting, art, mason, carpenter, black smith, gold smith are the major unorganised working class in India. There is a special statute for protecting the rights of the above class. This Act provides for the social security and welfare of unorganised workers. The Act defines “home-based worker” as a person engaged in the production of goods or services for an employer in his or her home or other premises of his or her choice other than the workplace of the employer, for remuneration, irrespective of whether or not the employer provides the equipment, materials or other inputs. Similarly “self-employed worker” means any person who is not employed by an employer, but engages himself or herself in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the Central Government or the State Government from time to time or holds cultivable land subject to such ceiling as may be notified by the State Government.
The Act defines “unorganised sector” as an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten. And “unorganised worker” means a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by any of the Acts mentioned in Schedule II to this Act. The Act contains provision for National Social Security Board and State Social Security Board for the effective implementation of the provisions of the Act.
In a recent decision in 2018- Shramjeevi Mahila Samiti v. State of NCT of Delhi- the Supreme Court directed the Centre not to disburse any grants to the States which have not registered domestic workers under the Unorganised Workers Social Security Act. The directions to the Centre came on a petition filed by an NGO which had told the court that despite the Act coming into force in 2008 and framing of several schemes, no domestic worker has enjoyed their benefits.
Domestic Workers Welfare and Social Security Act, 2010
It is a proposed legislation aimed at improving the working conditions and welfare of domestic workers in India. This act seeks to ensure fair wages, regulate working hours, and provide social security benefits such as health insurance, maternity benefits, and pensions. It also aims to protect domestic workers from exploitation and abuse by recognizing their rights and providing a legal framework for their protection. By addressing these critical issues, the act strives to uplift the status of domestic workers and integrate them into the formal labor market, ensuring they receive the dignity and respect they deserve.
The Child Labour (Prohibitions &Regulation) Act, 1986:
More than one-third of the country's population, around 440 million is below 18 years. Resources must be invested in children proportionate to their huge population.However, they are widely used for bonded labour, domestic work, restaurants, agricultural labour, construction activity, carpet industry, garment industry, fish/shrimp export and other work in the formal and informal economy. The Child Labour (Prohibitions & Regulation) Act was enacted to ban employment of children below 14 years and to regulate the conditions of work of children in employments where they are not prohibited and also to lay down enhanced penalties for employment of children. The Act provides total ban for works described in part A and B of the Schedule. The Act contains provision for hours and period of workand weekly holidays.
TAMIL NADU GOVERNMENT INITAYIVES :
The Tamil Nadu government has taken several initiatives to protect domestic workers, including:
1. Legal recognition: In 1999, domestic workers were included in the Tamil Nadu Manual Labour Act, which was the first time domestic workers were legally recognized in India.
2. Child labor ban: In 2006, child labor in domestic work was banned.
3. Domestic Workers Welfare Board: In 2007, the Tamil Nadu Domestic Workers Welfare Board was established.
4.Minimum wage: In 2007, domestic workers were brought under the Minimum Wage Act. The minimum wage was increased in 2018.
5. Retired DGPs hiring domestic workers: In January 2024, the Home Secretary issued an order allowing retired Directors-General of Police (DGPs) to hire domestic workers at a monthly salary of ₹10,000.
NATIONAL POLICY FOR DOEMSTIC WORKERS :
The National Policy for Domestic Workers is a proposed framework aimed at recognizing and protecting the rights of domestic workers in India. This policy seeks to include domestic workers in existing labor laws, ensuring they receive fair wages, regulated working hours, and social security benefits such as health insurance and pensions. It also aims to safeguard them from abuse and exploitation by establishing mechanisms for grievance redressal and legal protection. By formalizing the employment of domestic workers, the policy strives to improve their working conditions, provide them with dignity and respect, and integrate them into the formal labor market. This initiative reflects a significant step towards acknowledging the vital contributions of domestic workers to the economy and society.It is still in the drafting stage and under process .
TAMIL NADU SCHEMES:
The Tamil Nadu government has implemented several schemes to support domestic workers. Here are some key initiatives:
Domestic Workers Welfare Board: This board provides various benefits to registered domestic workers, including financial assistance for marriage, maternity benefits, and educational support for their children.
Pension Scheme: Domestic workers aged 58 and above are entitled to a monthly pension of ₹1,0002.
Accidental Death Benefit: In case of accidental death, the worker’s family receives ₹1 lakh, along with an additional ₹5,000 for funeral expenses.
Marriage Assistance: The board provides ₹5,000 for women workers and ₹3,000 for men workers for marriage expenses.
Maternity Benefits: Female domestic workers can avail maternity benefits, although awareness and access to this benefit are still limited
Educational Support: Financial assistance is provided for the education of domestic workers’ children.
To avail these benefits, domestic workers need to register with the respective district Labour Welfare Board, providing necessary documents like ration card, Aadhaar card, bank passbook, and passport-sized photos.
DATA ANALYSIS AND INTERPRETATION :
DEMOGRAPHIC FEATURES
INTERPRETATION FOR DEMOGRAPHIC FEATURES :
The above data shows that over 73.9% of the domestic workers are fema;es and only less than 25% of them are male workers . This shows that women workers are more participated in the domestic places and are more prone to exploitation. Over 65% of the respondents are unmarried and this means the young population is more into domestic work .Majority of the workers are from the age group of 18-35 years and the reason is because at young age they are in need to over and they are willing to do any work which they get because there is lack of experience in work . Inspite of being in young age most of them are uneducated and this is the reason because they might not have access to educational programs and this leads to lack of basic awareness in right so they are more prone to exploitation . The number of family memeers is between 1-5 people per respondent so this shows they migt be forced to work to support their families and their might be poverty ad financial problems .
WORKING PLACE QUESTONS :
INTERPREATION FOR WORKPLACE RELATED QUESTIONS :
The data collected from the above respondents shows that most of them do combined activities of mopping , sweeping and washing vessels and some also clean bathrooms and clothes also . But it can be analysed that the nature of the work is very subjective and changes from household to household and needs of the employer also . 85% of the workers get the wages based on the month and this shows they are not shifiting in nature and atleast work for a month to get wage . The times of the workers states over 39% say its for 1-3 hours and 32% says its for fully day hence we can interpret that they work for a minimum of 4 hours ae day to earn and this is fully physical labour work which they do hence they might get tired and exhausted also over the day. Over 76% of the workers state that they don’t say in worker place that means they live with their families and have a shelter to stay near the workplace within city limits . 85% of the workers state they work in 1-3 household . This is shocking to know that over 56% of the workers only earn 5000-10000 rupees pr month insipte fpr working in 1-3 households and working for minimum of 5 hours are day , this shows they are underpaid and exploited by the employers because of lack of education and awareness in them .
WAGED REALTED QUESTIONS :
INTERPREATION FOR WAGE RELATED QUESTION :
From the above data it can be interpreted that over 76% of the workers receive their wages on time and this shows the employers are giving them wage on time . Over 45% of the workers get bonus sometimes from the workers and this shows not all the time they are given bonus in festivals times . The bonus ids usually old clothes and used stuff and very rarely money they get which is an exploitation and they do have the right to get bonus and increment in workplace . Over 40% of the workers state that they get a wage cut if they don’t go to work which is not fully fair on the path of the employer and sometimes they must consider the reason of the holiday and give a paid leave of a minimum of 3 days in a month so they can take care of their life and family or any medical emergency also. Most of the workers state that they don’t get extra paid for the extra work they do and this is merely an exploitayion and the hardwork is not paid and this is they reason by the workers are never able to improve their living and few of them get paid but which is less than 200 rupees which is not a fare wage given to them .
TREATMENT IN WORKPLACE :
INTERPRETATION OF THE TREATMENT OF WORKERS:
The study shows that over 87% of the workers not face harassment in their workplace and few of them do fell by the way of disrespectual behavior and seeing them in a bad way which made them feel uncomfortable in workplace . The biggest concer here is that 60% of the workers felt discriminated in their workplace and this is a big concern in this modern 21 st century where still there is this practice followed . The employers make them feel like untouchable, see them differently, treat them differently , don’t allow to temple and their kitchens , have separate plates and show them disrespectful behavior to them and make them feel underconfident and lower their self esteem .
Over 65% of the workers feel they are underpaid and over 79% of the workers get water and food in work place but still its leftover and old food only . Most of the workers are not satisfied with their wage and treatment and this shows an area of concern for he government and thy need to make laws for minimum wages of workers to give them respect and fair social justice. Over 60% of workers are forced to work because of family conditions and financial reasons and they are forced to work and abide by the rules of the employer .
Most of the workers are not availing any scheme of the government because there is lack of awareness and they are not well verse with the procedures and formalities of the schemes.
CONCLUSION :
Dr. Jayanti Ghosh, while delivering the second UN Public Lecture on ‘The Invisible Workers: Rights, Justice and Dignity for Domestic Workers’ stated that, “No society can survive without the massive contribution that domestic work makes to national income.” Yet it remains largely invisible and undervalued; a reflection of the low value India places on social reproduction. Domestic workers are unorganised and the most vulnerable group in the society. They are facing bad working conditions, lowest payment and sexual harassment. The number of disputes registered with respect to the human right violations among domestic workers is at rock bottom. There are cases of sexual harassment at the work place, but many women prefer to quietly leave the job rather than pursue the matter with the police, because police is likely to disbelieve them; and the police and court proceedings are time consuming. Illiteracy is the key factor for human right violations among domestic workers. Government, legislature and judiciary should take stringent measures for the eradication of all atrocities against domestic workers. A comprehensive legislation is the need of the hour.
SUGGESTIONS:
The domestic workers should be made aware of the scheme and their right for right to work with dignity and have a respectful job.
The employers should be kind and gentle and should give the workers respect.
The government must intervene and protect the right of the domestic workers.
The government shall enact Central and State legislations for the social security and welfare of the domestic workers.
The legislation shall contain stringent provisions for registration of domestic workers and placement agencies by the State government.
No person below 18 years of age shall be allowed to register except according to the special laws in this respect.
Resident women workers shall take special registration and make periodical renewal mandatory. Safe and secure place of stay, quality food, sufficient period of rest, weekly off etc. shall be provided.
The employer shall be liable for the non-registration and lacunae in providing social security benefits.
Post offices, banks and NGO’s shall be entrusted with accepting the registration forms. Copy of registration form shall be forwarded to the Welfare Officer, specially constituted under the provisions of law.
All payments, including wages, payments to social security schemes shall be made through Bank.
Wage shall be fixed according to the hours of work and shall be paid weekly, bi-weekly or monthly.
The provisions of minimum wages shall be applicable to all domestic workers.
Enhance compensation for human right violations against the house owner or job provider.
Mobile tracking facility for finding workers and random interaction with the officials. Provide Help desk facility by the government or voluntary organisations.
Domestic workers who are involved in crimes should be removed from muster roll and details of the convicted persons shall be published in the official web-site.
Periodical awareness programme shall be given to the domestic workers. Make them vigilant about the human right protection laws and the Constitutional provisions.
Fix minimum educational qualification for domestic workers working abroad.
Job providers shall be registered as per the law.
Punishments shall be given for illegal recruitment of domestic workers. Official web-site shall contain the details of the job providers.
Constitution of vibrant trade union for the protection of rights of domestic workers is the need of the hour.
Timely revision of methods/techniques and assumptions incorporating field level realities can help a long way in evolving meaningful ways of organising the unorganised..
SEWA (Self Employed Women Association), a women fish workers trade union, model trade union is desirable.
REFRENCES:
Link for responses data :
https://docs.google.com/spreadsheets/d/1rUH4xOQVaKUuSWVUaio2K1Wa4ltWlPuucLzz9O-0mNY/edit?usp=sharing
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3.The study calls for better legal frameworks and welfare provisions to protect domestic workers from Riddhi Publication written by Juhi 2019 may .
4. The study suggests capacity building and proactive roles for civil society organizations to ensure the rights of domestic workers by Anumalaiya in IJJSR 2017 July.
5. The study emphasizes the need for mental health programs and well-being initiatives to support domestic workers.
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