BBC News, Mumbai
Smith (not her real name), a domestic assistant in Delhi for 28 years, cannot forget the day when one of his employers in public beat her.
The woman accused Smith – Dalit’s wife from the most discriminated against castes in the instilled social hierarchy of Hinduism – that she was stealing her daughter’s earrings and then refused to pay.
“After many demands, I faced her in public. Then she started abusing and hitting me. I kept her to stop the abuse, but the guards came and pulled me out of the housing society and locked the door,” Smith says.
Eventually was paid – a strong 1,000 rupees [$11; £9] The moon is a stock, wiper and washing of meals – after a more sympathetic family intervened on her behalf. But she was forbidden to enter the housing community and did not try to go to the police because she believed she would not take measures.
Smith’s story is one of hundreds of thousands of accounts abuse, abuse and sexual attacks reported by Indian local workers. Most are women, and many are migrants inside the country, belonging to the castes they are viewed.
Last month, the Supreme Court of India expressed concern about their exploitation and asked the Federal Government to consider the creation of the law to protect them from abuse.
But this is not the first time he has tried to create such a legal framework. Despite the years of advocating different groups and federal ministries, such a law has never been adopted.
Separate accounts proposed in 2008 and 2016, which aim to register domestic workers and improve their working conditions have not yet been adopted. National policy made in 2019 aimed at including domestic workers under the existing Labor Laws has not been implemented.
Sonia George of the self -employed Women of the Association (Swea), which was part of a working group that formulated a draft policy, calls it one of the “most comprehensive policies for domestic workers”, but says that they have failed to implement it in consecutive governments.
As a result, the huge Indian army of domestic helpers must rely on the good -natured will of the employer for the basics such as salaries or departure or even on the basis of respect. According to official statistics, India has 4.75 million domestic workers, including three million women. But the International Labor Organization (ILO) estimates that the true numbers are between 20 and 80 million.
“We have a patronage relationship with help, not a job relationship,” says Professor Neetha N of the Center for Women’s Development Studies.
“This maintains the status quo and is one of the biggest obstacles to regulating and legalizing domestic work.”
As things stand, private homes are not considered an institution or job, so domestic work is beyond the action of social protection such as minimum wages, rights to safe working conditions, the right to associate and access social security schemes.
At least 14 Indian countries, including Andhra Pradesh, Bihar, Karnatak, Kerala, Meghalay, Rajasthan and Tamil Nada, have ordered minimal wages for domestic workers and some federal laws, such as Indian anti -Syxual harassment and law on children, including domestic workers in their scope.
But there is very little awareness among domestic workers that they can use these provisions, says Ms. George, adding that the nature of the profession also represents challenges.
Workers are scattered and there is no mechanism for registration or even identifying them because they generally do not sign any contract with their employers.
“We will have to set up systems for registration of domestic workers – overcoming their” invisibility “is a big step towards regulating the profession,” she says.
This also applies to employers. “They are completely invisible in the system and therefore avoid responsibility and responsibility,” says Mrs. George.
The caste system also represents further complexity – workers from some castes can agree to clean the toilets in the house, while others from a slightly different caste will not.
Finally, the whole concept of domestic work should be redefined, says Ms. George. “Domestic work is considered to be unqualified work, but this is not the case in reality. You can’t worry about a sick person or cook a meal without being skilled,” he adds.
In addition to not adopting her own laws or implementing her own policy, India has also not yet ratified the Ilo Convention 189 – a significant international agreement that aims to ensure that domestic workers have the same rights and protections as other workers. Despite the vote in favor of the 2011 Convention, India is still not in line with all its provisions.
India has a “moral obligation” in accordance with the Ilo Convention, says Ms. George. He adds that he will also have a law to help regulate private employment agencies and prevent the use of domestic workers who go abroad to work.
Last year, the rich Hindu family made titles after being guilty of the Swiss court to exploit their domestic workers. The family was accused of trade Vulnerable Indians in Switzerland and forcing them Work in your castle for a painful long hours without a proper salary. Family lawyers said they would appeal the verdict.
Perhaps the simplest explanation of the decade of inactivity is despite the tide of abuse in conflict of interest, such regulations are presented by Mrs. George’s decisions of India.
“At the end of the day, people at a table who have the power to log out on the bill or law, are also employers of domestic workers and those who benefit from status quo,” she says. “So, for any real change in the system, we first need a change in our thinking.”
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