Domestic Workers in India, Slavery Index and Indian Position

Domestic Workers in India, Slavery Index and Indian Position
INDEX


1. Domestic workers in India

1. Problems

2. Solutions

3. How Solutions to be Enforced?

2. Modern Day Slavery & Slavery Index

3. Indian Position

4. THIS IS DUE TO

5. Chronic Bonded Labor System

6. Women and Child Trafficking


1. BUT WHY ARE WE PERFORMING SO BADLY?

2. What needs to happen?

3. Sources
DOMESTIC WORKERS IN INDIA

The domestic worker is a person who is employed for remuneration in any household through any agency or directly, either on a temporary or permanent, part time or full time basis to do the household work, but does not include any member of the family of an employer.
TYPES

1. Part-time worker who works for one or more employers for a specified number of hours/ day or performs specific tasks for each of the multiple employers every day. Ex-Bartanwali, jhaduvali aunties etc.

2. Full-time worker who works for a single employer every day for a specified number of hours (normal full day work) and who returns back to her/his home every day after work. Ex-fulltime ayah.

3. Live-in worker who works full time for a single employer and also stays on the premises of the employer or in a dwelling provided by the employer (which is close or next to the house of the employer) and does not return back to her/his home every day after work.(They are most vulnerable)
PROBLEMS


* Several States have notified minimum wages for domestic work but have no norms for implementation or monitoring. Generally wages are self-regulated based on socio-economic profile of employers, tasks performed and combination of tasks.


* In terms of accommodation, there are several different arrangements- quarter, room and living in the house in the same space as the family. Accommodation can be a great support as well as a source of exploitation.


* The maximum number of working hours for live-in worker is not fixed which leads to exploitation.


* Live-in worker has no AC no Privacy. Many households deny access of toilets to their domestic workers due to caste based discrimination.


* Domestic Workers are not usually granted maternity leave, privilege and sick leave. There is some amount of kichkich happens usually when workers ask for leave.


SOLUTIONS


* Decentralized boards be established and minimum wages should be based on a living wage and establish the minimum level of income which all domestic workers should receive.

* Cost of accommodation should be only considered in-kind if it is a separate living quarter where the worker can be granted privacy and for example be able to live with her family. A space in the house should not be considered as accommodation worthy of in-kind payment.

* The maximum number of working hours for an adult worker should not exceed 48 hours in a week and nine hours in a day. Any worker working overtime is entitled to wages of such overtime work at twice the ordinary rate of wages.

* If a family cannot offer reasonable degree of privacy and accommodation that is safe and decent, respects the workers privacy and provides meals of good quality and quantity, they should not be permitted to have live-in domestic workers. Access to toilets during work is essential.

* The worker should be entitled to be paid sick leave (wages not to be cut) for 12 days a year. Both live in and live out workers should receive one month privilege leave and when the employer goes on leave the wages should not be cut. Maternity leave of at least 14 weeks with half of original salary to be given.




HOW THESE PROVISONS TO BE ENFORCED?


1. To strengthen the organizations of domestic workers, particularly through trade unions and raise the status of domestic workers equivalent to wage labourers.


1. Change in definition on workmen- to extend application to domestic workers is important.
This is especially the case in regulating the so called placement agencies as there are no laws to regulate the functioning of domestic workers placement agencies, though there are laws to regulate employment and placement of migrant and contract workers but as households are not considered as workplace and domestic workers do not come under the definition of workmen, the placement agencies become safely outside the existing regulatory framework.


1. As a service provider placement agencies can charge a fee but they should operate with the principle of promoting the welfare of domestic workers and uphold their rights and that these agencies should not have any role in salary collection or payment, etc.
In order to weed out unscrupulous operators driven purely by profit and practicing exploitative tactics, it has been suggested that those not conforming to minimum positive criteria shall not be authorized.


1. Inclusion of domestic worker in the Minimum Wages Act and the development of a welfare board in every State.


1. Facilitate linkages between Labour Departments and civil society organizations, particularly Unions, NGOs and Resident Welfare Organizations.



WHAT IS THE MODERN-DAY SLAVERY?

Modern slavery includes slavery, slavery-like practices (such as debt bondage, forced marriage, and sale or exploitation of children), human trafficking and forced labour.

What is Trafficking?
It is the recruitment, transportation, transfer or receipt of persons with the intent of exploiting the person through:

* Prostitution of others;

* Sexual exploitation;

* Forced labour;

* Slavery (or similar practices);

* Servitude; and

* Removal of organs.

What is Slavery?
It includes practices like: debt bondage, forced or servile marriage, sale or exploitation of children (including in armed conflict) and descent-based slavery.
The Global Slavery Index provides a ranking of 162 countries, reflecting combined measure of 3 factors:

* estimated prevalence of modern slavery by population,

* A measure of child marriage, and

* A measure of human trafficking in and out of a country.

The countries with the highest numbers of enslaved people are India, China, Pakistan, Nigeria, Ethiopia, Russia, Thailand, Democratic Republic of Congo, Myanmar and Bangladesh. Taken together, these countries account for 76% of the total estimate of 29.8 million in modern slavery.

(Look at the colour of Pakistan, Myanmar and Afghanistan!!!!!!)


Indian Position

The country with the largest estimated number of people in modern slavery is India (prevalence rank=4) and estimated to have between 1.33 and 1.47 crore people enslaved. It is trailing Mauritania, Haiti and Pakistan in the Global Slavery Index.
India exhibits the full spectrum of different forms of modern slavery, from severe forms of inter-generational bonded labour across various industries to the worst forms of child labour, commercial sexual exploitation, and forced and servile marriage.


Quote from Report many of Indias enslaved have not been moved from one place to another they are enslaved in their own villages


THIS IS DUE TO


1. Prevalence of Chronic Bonded Labour SystemA person becomes a bonded laborer when their labor is demanded as a means of repayment for a loan. The person is then tricked or trapped into working for very little or no pay, often for seven days a week. Bonded laborers are forced to work to repay debts their employer says they owe, and they are not allowed to work for anyone else. Debts that are not paid off in a debtor's lifetime can be passed down to their descendants, making the original debtor's family indebted to the families of rural landlords and money lenders, across multiple generations = Chronic Bonded Labour System.

Bonded labor was legally abolished in India in 1976 but it remains prevalent, with weak enforcement of the law by governments. States such as Uttar Pradesh and Bihar are major culprits, with high levels of hereditary forms of debt bondage in rural areas. In the Punjab hundreds of thousands men, women and children are forced to work as bonded laborers in quarries and brick kilns where they receive little or no pay in return for a loan typically used for survival.


1. Women & Childrens Trafficking

Factors Leading to Womens Trafficking


SUPPLY FACTORSDEMAND FACTORS

- Poverty- Female Feticide - Natural Disasters (floods, cyclones etc.)- Domestic violence- Unemployment- Lure of job / marriagewith false promises- Domestic servitude- Traditional / Religiousprostitution (Devdasi)- Lack of EmploymentopportunitiesTRAFFICKING- Migration- Hope for jobs / marriage- Demand for cheap labour- Enhanced vulnerabilitydue to lack of awareness- Creation of need and market by sex traffickers for experimental and tender sex.- Sex tourism- Internet pornography- Organized crime generating high profits with low risk for traffickers.



Children and their families are often lured by the promise of better employment and a more prosperous life far from their homes. It violates a childs right to grow up in a family environment and exposes him or her to a range of dangers, including violence and sexual abuse.
Despite being banned by the Supreme Court in 2006, child labour continues to be widespread due to weak enforcement. The 2001 Census says India has 12.26 million working children, aged 5-14, with the maximum coming from Uttar Pradesh.


What is Children Trafficked for?


LabourIllegal ActivitiesSexual Exploitation

- Bonded labour- Domestic work- Agricultural labour- Construction work- Carpet industry, garment industry, fish / shrimp export as well as other sites of work in the formal and informal economy.- Begging- Organ trade- Drug peddling smuggling- Forced prostitution- Socially and religiously sanctified forms of prostitutions- Sex tourism &Child Pornography



BUT WHY ARE WE PERFORMING SO BADLY??????
As per the report, the amount of modern slavery in a country is related to important factors such as corruption and human development.

Modern Slavery and Corruption If the rule of law is effective it protects citizens from being enslaved. If the rule of law is corrupted, people are not protected and criminals can pay off officials and act with impunity.

The countries which are more corrupt as per the Transparency International
Index (TII), have the prevalence of modern slavery.
No doubt it explains why India, which poorly ranked on TII, also performs badly in MSI.
HOWEVER WE DONT NEED TO KNOW THIS FROM ANYONE ELSE

Human Development The level of a countrys human development reflects its economic well-being, which in turn affect the poverty levels and deprivation a citizen might face. On the other hand, higher levels of educational attainment, elevated health care, and the chance of effective citizenship, all tend to allow people to protect themselves from vulnerability to modern slavery.
Poverty is one of the factors that increase vulnerability to enslavement. Also, a lack of economic development can mean inadequate resources are available to maintain an effective criminal justice or labor protection system.
The countries like India which have low levels of HDI also have higher levels of modern slavery.

Role of Caste System and Poverty Poverty and Indias caste system are significant contributing factors to its modern slavery problem. Indians most vulnerable to modern slavery are dalits and adivasis, especially women and children

Non-labour forms of modern slavery, including forced and servile marriage, fraudulent adoption and organ trafficking have been identified in India. Forced marriage is partly fuelled by sex-ratio disparity those states with worst disparity import girls into servile marriages from poorer states.
With skewed sex ratios it is impossible to find a bride for each man, and importing a bride has become the only solution, said the 2013 India Country Assessment Report released by the United Nations Office on Drugs and Crimes (UNODC). Punjab (893 females per 1000 males) and Haryana (877 females per 1000 males) have the lowest sex ratios in the country.

What needs to happen?

India should


* Reform Criminal Justice system to provide quick and free justice to the modern day slaves. Strengthen protections for victims of modern slavery and ensure that they are not criminalized. Undertake national prevalence estimates on modern slavery.


* Ratify and implement the Convention on the Worst Forms of Child Labor, and the Domestic Work Convention.


* Require States to report on how they have followed up on the Supreme Court Judgment of October 15, 2012, requiring all states to carry out surveys to identify and release those in bonded labor. The efforts currently being made in the State of Karnataka should be promoted and followed by other States.


* At the State level, develop and implement action plans on bonded labor in every state and union territory, following the example of the Karnataka State Action Plan on Bonded Labor 2008. Appoint a high level responsible officer at the State and District level, who focuses only on tasks related to bonded labor and other forms of modern slavery.


* Ensure raids follow victim-centered procedures to ensure they help more than harm.


* Continue efforts directed at addressing the underlying causes of modern slavery such as poverty, illiteracy, and underemployment, violence against women, discrimination, and lack of access to entitlements such as functioning schools and health services, and social exclusion.
by Shrey Khanna
Sources


1. http://wiego.org/informal_economy_law/domestic-workers-india

2. http://www.antislavery.org/english/slavery_today/bonded_labour.aspx

3. http://jmi.ac.in/upload/publication/Child_Trafficking_in_India.pdf

4. http://www.unodc.org/documents/humantrafficking/India_Training_material/Handbook_for_Law_Enforcement_Agencies_in_India.pdf

Decent work for Domestic Worker - The slaves behind closed

Decent work for Domestic Worker - The slaves behind closed doors


ILO's Moto : Decent work for Domestic Worker

What is domestic work ?
Domestic work = task perform @home or another home, (or you can say own home + other home)
Who are domestic worker ?

* Person who do domestic work

* They do work what we not want to do

* in Nucleus need of Domestic worker for middle class & above, led to in there nos

* 52m people worldwide,

* Imp contribution to nation economy as they free up other to do there work in GDP,

* But people not recognize them as worker i.e. seen as servant or slave,

There Characteristics in world
Domestic worker characteristics

* Isolated & unprotected,

* >80% = woman with more vulnerability,

* 10.5m are child there bad future economic productivity GDP

* Majorly migrants,

* Only 10% domestic workers are under any law/regulation,

* Majority = @Asia-pacific region, ~40%

* Only 3% = get weekly off, comparing to world average = 50,

* 1% have max working hour stipulation/regulation,

* Right to min wages + maternity benefit = only @Latin America & it have a far cry in Asia,

* @2000 UNHRC declare it as Contemporary Slavery,

* Lack of legal protection make more vulnerable,

* Social security is another major hurdle,


characteristics in India

* 8% India popu = domestic worker = 2x of '05 figure

* Recent delhi case of 35yr old MP's house domestic worker's death by MP's 50yr old wife

* + illegal confinement + torture & physical violence on 12yr old girl by AI Air hostess for over 1 yr

* human trafficking, generally from Jharkhand to Delhi, for 8k Rs, in thousand on nos, sold @delhi for 35k bonded labor, agent even take monthly salary of this bonded labor & not give a penny from it to concern worker,

* Even relative sold girls,

* Traffic cause = middle class need cheap labor it leads to trafficking,

* Unregulated agencies like:-- placement agencies really exploit them This all is a serious civilization issue,

* As no law + no representation + rural background no sufficient wage + extend hour + adverse/unsafe/unnatural/uncomfortable working Env + discrimination on caste, + woman vulnerability,

* Even wage decided by emp

* "Change in India's family profile" + "ageing process" + "urbanization" make rise in there demand




Main problems, key issue, There solutions:

* Main problem

* Rapidly growing but, fall short in labor protection here main problem is that they not cover under existing labor laws,

* As they have separate & multiple workplace efforts of organizing them = very less effective,


* You can divide solution In 2 broad category:

* Organize them via unions

* Enact law/legislations & Implement(which not happen in India ) Those laws

* Detailed solution & Key issue:

* Although we have all legislation of labor protection, but not reach to domestic worker as it have a separate world where its home & work place is same,

* Definition: it say ="work in own or other house" exclude which work as cleaning/cooking @office/shops, although they come under existing labor law but it need clarification,

* Wages: no work to ware relation mechanism, whether wage based on time or place, over time, size of household persons, DA allowance, Whether any family member need special care,

* Sexual Harassment: esp. who live in there employer's home, Vishakha Judgment is not applicable to domestic worker make them more vulnerable, migrants are also vulnerable,

* Discrimination: as they are coming from marginalized sections, even CoI Art15(no discrimination)

* Trafficking & migrant labor: both inter & intra-country migration/traffic, + low bargaining power, even CoI Art23 prohibit traffic & forced labor,

* Regulation of agencies: they proliferate in India, harassment

* Freedom of Unions: give there Union a place in Trade Union Act'26, give "domestic Worker" a "industry" status then setup co-op, credit-groups,

* Training & certification:

* @last Effective implementation, implementation in Kar & MH = not upto level, Labor dept always show its inability, so here role came of Trade Unions to use media or so for a better implementation,

* Workplace: a vague term in context of domestic worker as they have to visit many houses,


* Although there are not always bad, many emp & employer make a good co-op / collaboration to rise of both

* As by in skill worker's wages too & employer get good work done,




Legislations/law:

* Internationally:

* ILO's convention
International Labor Organization (ILO)'s Domestic Workers Convention, 2011 = C189
signed @'11 Came into effect@'13, sought:

* Domestic work as productive/economic activity,

* Decent work

* Weakly 24hr off

* Minimum wage

* Choose place to live not force to live in house where they work,

* Min age = no child,

* Clear employment condition with emp assent ( preferably written)

* Freedom for union/association, & then right to bargain with there employers,

* Thailand & Philippians = signed C189 & try to organizing them

* US also enact various legislations & organize them

* People think domestic work = unskilled as people do it @home, this notion undervalued of domestic worker low wages this perception = wrong but now its changing as they counted there experience, for a family which need more than normal. Like:--

* @ Hong Kong, 15yr ago

* via Trade Unions worker take training & skill course with certification which there salary

* A specialized training like:-- child care specialist, + experience make easy for them to find jobs,

* Although, In India this type of initiative start in Delhi already,


* In India:

* Main problem in India = "Labor" = @concurrent list, turf battle b/w states & centre

* Domestic worker are not protected under existing labor laws as,

* They are not incl in Trade Union Act'1926, due to notion that "Household" is not considered as "Indus" in economic consideration this stand have a cascading effect on all laws enacted thereafter,

In India detail

* Enacted legislation

* Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982

* Maharashtra Domestic Workers Welfare Board Act 2008


* Notifications

* Policy Framework for Domestic Workers 2011 = 2011 sought for minimum wages for them

* Minimum Wages Act'05 Notifications of Karnataka - after public outrage

* Minimum Wages Act'05 Notifications of Kerala -after public outrage

* Code of conduct related to Domestic Workers in MH


* Draft Legislations and Bills

* A Domestic Workers (Conditions of Service) Bill, 1959, by private member bill @RS, + other bill there after with different names but all of them never enacted

* The House Workers (Conditions of Service) Bill, 1989, soughing min wages never pass

* The HouseMaids and Domestic Workers (Conditions of Service and Welfare Bill), 2004

* Domestic Workers (Registration, Social Security and Welfare) Bill, 2008 (DRAFT Bill) by NCW, a comprehensive bill seeking registration, setting "Domestic Worker Welfare Fund" worker + employer have to contribute, defined placement agencies, fine for violator,

* Domestic Workers (Regulation of Employment, Conditions of Work, Social Security and Welfare) Bill, 2008

* The Domestic Workers Employment Rights Protection Bill, 2004 (SEWA- Kerala Bill)

* + other child labor related laws



* India, Saudi Arabia to ink pact on domestic workers


* National Domestic Worker Union Lucknow, work for making unions in UP for such workers



What happening recent / Misc /Gemstones

* After a day's hard work, all they get is hunger, sleep deprivation, insult and in some cases extreme violence... Unless the society wakes up against such brutal behavior, such treatment will continue, so they are become Silent

* Until now India's baby step = acknowledging domestic helps as worker it extend benefit of insu to them, a bill pending which protect them from sexual violence,

* Kerela, MH, Kar but no implementation with spirit,

* entitlement of weekly off & paid leaves & other social benefit also make them real worker

* Although we need ILO's ratification but min what India need = passing National commission for woman bill'08 which seek regulating working condition of domestic worker

Indrajeet Singh