LABOUR AND INDUSTRIAL LAW

CHILD DOMESTIC LABOUR

SUBMITTED BY

BHAVYA SINGH, 17010223016

BA LLB 2017-22

SYMBIOSIS LAW SCHOOL NOIDA

SYMBIOSIS INTERNATIONAL UNIVERSITY (PUNE)

IN

AUGUST 2021

UNDER THE GUIDANCE OF

MR. PURVISH MALKAN

 TABLE OF CONTENTS

INTRODUCTION: UNDERSTANDING CHILD LABOUR..............................................................3

CASE STUDIES OF CHILD DOMESTIC WORKERS.....................................................................3
Profile I: Rani...................................................................................................................................4
Profile II: Thapa...............................................................................................................................4
Profile III: Sangi...............................................................................................................................5
ANALYSIS OF CASE STUDIES........................................................................................................5
PROBLEM IDENTIFIED- CHILD DOMESTIC LABOUR...............................................................5
INVISIBILITY OF THE PROBLEM.........................................................................................................5
HAZARDOUS NATURE OF EMPLOYMENT........................................................................................5
HUMAN RIGHTS BASED CONCERNS...................................................................................................6
lEGAL FRAMEWORK TO PROTECT CHILDREN FROM DOMESTIC LABOUR.......................6
The Child Labour (Prohibition and Regulation) Act, 1986...............................................................6
Juvenile Justice (Care and Protection of Children) Act 2000...........................................................7
Domestic workers Welfare and Social Security Act 2010..................................................................7
The Unorganized Workers Social Security Act (2008)......................................................................8
CONCLUSION AND SUGGESTIONS...............................................................................................8
Specific regulation for child domestic labour....................................................................................8
Skill development programmes for rescued workers.........................................................................8
Political will......................................................................................................................................8
Utilising existing laws and policies...................................................................................................9
 INTRODUCTION: UNDERSTANDING CHILD LABOUR

The purpose of this research paper is to interview and identify instances of child labour and
analyse the legal implications of such a situation. For this, the author sought out 3
interviewees who were engaged in different activities as labourers. The details of the
interview and the interviewees are described in the next section.
The idea for the project stemmed from the author’s surroundings where a number of children
from a lower socio-economic background are employed in some capacity or other by the
residents of the area. Most families have a live-in domestic help who live in the servants’
quarter adjacent to the houses, but most of these domestic workers are above the age of 18.
However, interestingly, there are certain households who have employed minors as full-time
domestic workers. This presents several interesting questions worth researching. While
domestic work is classified as a hazardous activity under the Child Labour Prohibition and
Regulation Act, 1986, clearly this has not stopped the employment of children specially girls
as domestic workers. To get to the root of this scenario, the author interviewed 3
interviewees.
The process of interviewing itself was difficult since the children were easily intimidated and
reluctant to answer questions for fear of losing their jobs. Moreover, being full time
employees, it was hard to find time away from their chores and the watchful eyes of their
employers to answer questions.
For this reason, the interviews were conducted over a course of several days, in the afternoon
when the employers had left for work and most of the cleaning and cooking for the day had
been done. The author approached Rani, the first interviewee on her daily break at 3pm at the
vegetable vendor’s stall. Striking up a casual conversation initially, the author informed Rani
that she would appreciate her help with a project. Rani agreed to answer questions. The
questions were kept conversational so as to not arouse suspicion. Similarly, the two other
interviewees were approached during their break time. Perhaps, the idea of helping out with a
project seemed to appeal to them as both were willing to answer questions. The author
assured complete anonymity and discretion to the workers to put them at ease.

CASE STUDIES OF CHILD DOMESTIC WORKERS

For the case study the following information was sought form the interviewees:
1. The age of the child labourer
2. Personal information including- Gender, Age and Place of residence-
3. Information about conditions of work
4. Information about compensation/ remuneration, daily work timings
5. Level of education of the child, whether the child is enrolled in school or not
6. Condition of work, any potential safety issues etc.
The data collected was categorised into three heads- the background information, the
educational profile and the employment conditions of the child labourer.

Profile I: Rani
Background: Rani is a thirteen and half year-old girl from Bhilai, Chhattisgarh. She works as
a live-in maid in the house of her employers whose names have been redacted. She was 11
years old when she was sent to Delhi with an ‘uncle’. Her family consists of three younger
sisters and two brothers. Since her parents are engaged in stone-crushing, they struggle to
earn daily wages and provide for all of them.
Education: Rani had started attending a school in her hometown by the age of six. She
performed poorly in school, which also became a driving factor in her being made to work
find work as a child. However, at the time of the interview she was not enrolled in any school
and struggled to read and write anything apart from her name.
Employment conditions: She performs all the household chores which include, washing
dishes and clothes, cleaning the house, taking care of the employer’s two children, ironing,
accompanying and serving the grandparents of the house, and running errands like shopping
for groceries etc. She serves the family members at any time they require, since she lives at
the employer’s home and can be at their beck and call. Her day starts at 6:30, and ends at
9:30 sometimes extending to 11 or 11:30 in the night depending on the amount of work
required to be done during the day.
She is not paid by the employer since they consider giving her accommodation enough
compensation. She would like to enrol into a school; however, her employers have not yet
allowed her to do so.

Profile II: Thapa

Background: Thapa is a twelve-year-old boy from Assam. He is the only male child in his
family which consists of his parents and three younger sisters. His parents are illiterate and
work and as small farmers. However, they do not make enough to provide for the family of
six. Medical problems are also rampant in the family due to malnutrition and a lot of the
resources of the family go towards medical expenses. His two other sisters have also started
helping the parents in agriculture.
Education: Thapa was admitted in a school but he dropped out partly due to the distance
between his home and the school and partly due to the abject circumstances of the family.
After dropping out from school in VIth standard, he started looking for work. He was 13
when a lady from his village lured him to work in Delhi on a false promise of five thousand
rupees in advance to his family. He was sold to a placement agency from where he worked
with two different employers before finding work with his current employer.
Employment Conditions: The work assigned to Thapa includes all the domestic chores
including washing the employer’s car, fetching groceries, cleaning the house, washing
clothes, taking care of the garden, running errands for the family. Since his employers do not
pay him a monthly wage, he cleans cars of other people in the area to make money. His day
starts early at 5:30 with cleaning all other cars before the employer’s car and ends between 9
and 10 in the night. The servants’ quarter which serves as his accommodation is treated as
being equivalent to compensation for his labour. The only money Thapa makes is from the
odd jobs he takes up outside of his employer’s assigned tasks. This money he uses for
sustenance and sometimes sends it back home if he has enough saved up. The work also
affects his health because of the number of chores he has to do. He feels tired very often and
has back pain.

Profile III: Sangi

Background: Sangi is a thirteen-year-old boy who lives in a nearby slum with his
grandmother. His parents are deceased and he has to take care of the ailing grandmother and
provide for himself. That is what prompted him to seek employment as a domestic help with
his current employer. He was enrolled in a nearby school but his grandmother could not
afford his school expenditure after the death of his parents so he had to drop out.
Education: Sangi attended a nearby government school till the age of 12. He was not a
particularly bright student but he expressed an interest in continuing his education. His health
has also deteriorated since his parents passed. Being responsible for an ailing grandmother
and himself, has taken a toll on him mentally and physically, which does not help since he
does not get paid in case, he takes leaves from his work.
Employment conditions: Sangi performs all household duties of cleaning the house,
washing dishes and clothes, maintaining the garden and buying groceries; except cooking. He
does get paid three hundred rupees per month for this work but also has to help out in a
kinara store to make ends meet. He works in the employer’s home from 7 in the morning to 3
and then in the store from 4 to 9 pm in the night.

ANALYSIS OF CASE STUDIES

PROBLEM IDENTIFIED- CHILD DOMESTIC LABOUR

‘
INVISIBILITY OF THE PROBLEM
Domestic child labour is a particularly sinister form of child labour which lacks visibility
whenever the topic of child labour is discussed. In regular discourse, the mention of child
labour conjures up images of children working in factories with hazardous materials,
however children engaged as domestic workers often escape our imagination. Although being
engaged as domestic workers is decidedly less hazardous to the physical and mental health of
a child, the conditions of employment, the lack of wages, the long hours and the intensity of
labour performed make this an important subject to be studied.
HAZARDOUS NATURE OF EMPLOYMENT
Employing children as domestic workers was not originally prohibited in India, however with
the Amendment of 2006, in the Child Labour (Prohibition and Regulation) Act, 1986, the
employment of children under fourteen as domestic servants or in roadside cafeterias
(dhabas), teashops, hotels, and other hospitality sectors was prohibited. 1 The 2006
amendment was a major achievement, for child rights organisations. However, governments
have not done enough to put it into practice since violations are rampant and easily
discernible.
Contrary to popular opinion, child domestic workers are also exposed to hazardous chemicals
and conditions. They might work with strong cleaning agents and sharp objects like knives,
boiling water and so on. Since they have to be on employer’s beck and call all the time they
might develop fatigue, back pain, stress and anxiety due to overworking.
HUMAN RIGHTS BASED CONCERNS
Moreover, there are other human rights-based concerns regarding child domestic workers
since they are often victims of trafficking for forced labour living in a situation similar to
slavery. Many a times child domestic labourers do not receive any type of remuneration.
Providing accommodation and meals is thought of as being adequate compensation.
As was observed with the interview subjects, none of the child workers living-in with the
families were compensated for their work. The absence of legislation on minimum wage and
the number of work hours only exacerbates this problem. The interview subjects belong to a
class of minors who are not getting educated or contributing to the economy. Without
education, skills and financial ability, the future of these children remains dark since upward
mobility since their early employment has ensured that their future remains uncertain. With
this in mind, the author believes that it is important to look at the existing legal framework in
India which can be used to protect child domestic workers like the ones interviewed.

LEGAL FRAMEWORK TO PROTECT CHILDREN FROM DOMESTIC

LABOUR

The Child Labour (Prohibition and Regulation) Act, 1986

The Child Labour (Prohibition and Regulation) Act, 1986, in Section 3 prohibits the
employment of children below the age of 14 years in 18 occupations and 65 processes that
are hazardous to the children's lives and health. These activities are listed in the schedule to
the Act.
Section 14 further states that anyone found violating the ban must be penalised with a
punishment ranging from a jail term of three months to two years and/or a fine of 10,000 to
20,000 rupees.

1
Mattila Päivi. (2011). Domestic labour relations in India: Vulnerability and gendered life courses in
Jaipur (thesis). University of Helsinki, Helsinki.
Read together, these provisions, would imply that the employers of the interviewees could
face jail term since the children are all below 14 years of age and have been employed in a
prohibited activity.

Juvenile Justice (Care and Protection of Children) Act 2000

Section 2 (14) (ii) of the act defines the ambit of ‘child in care of need and protection’ as
including- ‘children found working in contravention of labour laws for the time being in force
or is found begging, or living on the street;’.
Section 37 of the act also states that the Child Welfare Committee may pass an orders
regarding a child in need of care and protection:
(a) declaration that a child is in need of care and protection;
(b) restoration of the child to parents or guardian or family
(c) placement of the child in Children’s Home or fit facility or Specialised Adoption Agency
(d) placement of the child with fit person for long term or temporary care;
(e) foster care orders under section 44;
(f) sponsorship orders under section 45;
(g) directions to persons or institutions or facilities in whose care the child is placed,
regarding care, protection and rehabilitation of the child,
(h) declaration that the child is legally free for adoption under section 38.
Chapter VII of the act states the process for rehabilitation and social reintegration of
children in need of care and protection.
Section 79 penalises exploitation of a child employee. Engaging a child in bondage labour or
using his earning is punishable with imprisonment of up to five years and a fine of up to one
lakh rupees.
Section 81 penalises the sale and procurement of children for any purpose. This is punishable
with imprisonment of up to five years and a fine of up to one lakh rupees.
This act provides for a two-fold solution to the problem. Not only does it provide for
rehabilitation and reintegration of children but it also penalises people who commit offences
like exploitation of child employees or sale of children. These provisions can also become
applicable in the case of the interviewees if someone were to take legal action.

Domestic workers Welfare and Social Security Act 2010

Section 18 of the act prohibits the employment of a child as a domestic worker.
The Act also empowers the district board to inspect any place where they have reasonable
grounds to suspect that a child domestic worker is engaged.
The Unorganized Workers Social Security Act (2008)
Section 2(n)- It identifies domestic workers as wage workers under Section 2(n), enabling
them to avail various social security schemes run by the central and state governments and to
register under the Unorganized Sector Social Security Board (USSSB). According to the act,
the amount monthly minimum wage is to be notified by the Central Government and State
Government. Workers in the organised sector are entitled a number of pension schemes,
maternity benefits and social security benefits.
However, since the passing of the Act in 2008, only 11 states have framed rules and allocated
budget for specific schemes. In a scenario like this, child domestic workers are left even more
vulnerable and open to exploitation since the absence of legislation means that they cannot
even demand any benefits of any kind.

CONCLUSION AND SUGGESTIONS

After carefully studying the issue and the legal framework surrounding it, it is concluded that
that the long-term solution involves upliftment of the most underprivileged in the country. It
is quite evident that despite several regulations in place as long as there is a supply and
demand for cheap labour, child labour will continue.
Another important aspect was the desire to receive education as expressed by the children
interviewed. The universal Right to Education means little if students do not have the means
to access the right. Not having access to education also means children miss out on important
skill development which might help them emerge out of their circumstances and thus the
cycle of poverty continues.
Listed below are some suggestions that might help the situation of child domestic workers:
Specific regulation for child domestic labour
Child domestic labour is unique in that it lies at the intersection of practices like trafficking,
gender discrimination, violence and exploitation. The fact that this form of exploitation might
be the most rampant form of child labour but still exists in several household calls for specific
regulation and outright prohibition which may be in the form of a legislation, or an
amendment to the Child Labour Prohibition and Regulation Act.
Skill development programmes for rescued workers
Tackling child domestic labour can be particularly tricky since there are chances that the
rescued child might get engaged in another form of child labour if the circumstances that
pushed them to work are not fixed in the first place. Therefore, rescued workers should be
enrolled in state sponsored skill development programmes which would enable them to find
jobs in the labour market and make a living as adults.
Political will
One of the reasons for this area is largely unregulated is the lack of political will in this
matter which is simply because domestic workers in general are not the demographic that
political parties are targeting. However, this group of workers performs an essential task and
forms an inseparable part of our lives. The sheer number of domestic workers means that they
can mobilize themselves and have their demands heard. The government should pay attention
to these and frame policies accordingly.
Utilising existing laws and policies
As has been mentioned before, child domestic labour is largely invisible, practised within
four walls of a home. However, the existing laws in place have made it clear that it is illegal.
Authorities should not go soft on instances of child domestic labour specially if the situation
is exploitative or abusive. A crackdown on the same will discourage employers from seeking
child labourers who are easy to exploit.