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Indian Journal of Law and Human Behavior

Volume  1, Issue 1, Jan-Jun 2015, Pages 5-21
 

Original Article

Protection of Domestic Workers in India and Beyond: Emerging Socio-Legal Discourses

Aparna Singh

Assistant Professor of Law, Dr. Ram Manohar Lohiya National Law University, Lucknow.226021.

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Abstract

 India has experienced high GDP growth in the last decades. This has enabled sections of the population, particularly in urban areas, to benefit from the growth around them. However, much of the jobs generated in this period of accelerated GDP growth were in the unorganized sector. Today, over 86 per cent of workers are in the unorganized sector and as such the contribution this sector makes to the current growth cannot be ignored. A profession that is supporting the growth in more ways than one is domestic work [1]. Yes, millions of women, men and children–India’s large force of domestic workers, or ‘servants’, as most people call them remain unseen, undervalued and denied rights that all workers deserve [2]. Human rights of domestic workers a topic we have to ponder upon or contemplate on. Several steps have been taken by the government and several steps suggested, but the humanity continues to wail within the four walls of our homes. What lacks is a change in the attitude of the employers, an outright denial of the fact that they are also human beings, they too need and want the basic creature comforts. What lacks is the basic respect for a fellow human being! Enactment of laws is never sufficient to solve the problem, to soothe the plight of the domestic workers. A change in attitude cannot be legislated. However, apt laws can coerce the employers, and provide the workers with courage to protest. Most labor laws face the challenge of implementation but amongst the most difficult must surely be the ones linked to domestic work [3]. Moreover,  the available data portrays that the overwhelming majority of the workers in India are women and girls. There has been considerable documentation of the harassment they go through at the hands of their employers. Again, an estimated 20% of domestic workers are children below 14 years of age. Things can and will change only if those who employ domestics accept that these workers are first of all “workers” and not “servants”.The present paper sketch the reality about the plight of the domestic workers in Indian households, Through the paper the author try to suggest some legislative measures, some model legislation that would aid the domestic workers to combat the exploitation they are subject to, after critically analyzing the existing laws of the country with reference to international laws. 


Corresponding Author : Aparna Singh