Time for Centre to step in with law

NEW DELHI: The rampant abuse and mistreatment of domestic workers at the hands of employers is raising serious concerns about the violation of basic human rights. The recent spurt in cases of maid abuse in the city has brought to the forefront the need to bring a centralized legislation to protect their rights and regulate this largely unregulated industry.

Its been three years since the National Commission for Women (NCW) had drafted the "Domestic Workers Welfare and Social Security Act, 2010" Bill highlighting the exploitative nature of domestic work. The bill, however, is yet to be passed.

Legal experts feel that in the absence of proper legislation, the working conditions of domestic workers will not improve and more of such incidents will take place. "Domestic worker sector remains unregulated, and this gives the employer and service providers a chance to exploit them. Unless the government fixes the minimum wages and working hours for them, such exploitation will continue," said lawyer and women's right activist Meenakshi Lekhi.

The draft bill not only defines the rights of a full-time domestic worker, but it also talks about minimum working hours for a worker. The Bill provides for weekly off for workers and has introduced the concept of minimum wages. It also lays down punishment for the employers if they are found flouting the provisions.

At its core, the fight for domestic worker protection is also a fight to curb human trafficking. Because it is unregulated, thousands of migrant girls and boys are trafficked and sold to people in the city as domestic workers.

But the recent Criminal Law (Amendment) Act, 2013 has made human trafficking a part of Section 370 of the Indian Penal Code. It states that if a person recruits, harbours or transports a person for the purpose of exploitation, he will said to have committed human trafficking. Interestingly, the consent of the victim is immaterial here. The section has been invoked in the recent cases of abuse of domestic workers and it provides a stringent punishment of seven years. The amendment, however, does not factor in the exploitation in terms of non-payment of wages or long working hours.

Besides proper legislation, there must be sensitization among workers. "They need to be made aware of their rights. Just formulating laws will not work," Lekhi she added.

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