Question : Data of Domestic Workers

(a)whether the Government has any data regarding the number of domestic workers who are working full time living at the employer’s home and whether they are given the benefits of labour rights, minimum wages, leave period, weekly off, social security and other benefits;
(b)if so, the details thereof;
(c)whether the Government is aware that human trafficking of women and children is taking place on a large scale for domestic workers through placement agencies throughout the country and if so, the details thereof along with the steps taken/plan chalked out by the Government to control such activities;
(d)the details of the registered placement agencies who provide domestic workers in the country State/ UT-wise;
(e)the details and the number of peoples reportedly trafficked from Assam during the last three years, District-wise?

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI SANTOSH KUMAR GANGWAR)

(a) & (b): No such data is maintained at the central level. Discussions are underway regarding a Policy for Domestic Workers, the salient features of which are as follows:
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i. Inclusion of Domestic Workers in the existing legislations
ii. Registration of Domestic workers.
iii. Right to form their own associations, trade unions
iv. Right to have minimum wages, access to social security, protection from abuse, harassment, violence
v. Right to enhance their professional skills
vi. Protection of Domestic Workers from abuse and exploitation
vii. Domestic Workers to have access to courts, tribunals, etc.
viii. Establishment of a mechanism for regulation of placement agencies.
(c) & (d): There are number of SOPs that have been developed by Ministry of Home Affairs and other State Government for this purpose. Ministry of Labour& Employment has also developed a Protocol on prevention, rescue, repatriation and rehabilitation of trafficked and migrant child labour which has been circulated to all the State Labour Departments and UTs. The protocol shall apply to any migrant or trafficked child labour in the country irrespective of the child’s home State and without any discrimination on the ground of gender, caste, language, religion or origin. The Protocol, underlines creation of rescue team comprising of members of State Labour Department, the local Police, the Municipal Corporation or Zilla Parishad or Panchayat, as the case may be, NGOs, social organizations, trade unions and other responsible citizens. The Protocol lays emphasis on close cooperation between the members of the rescue teams.
There are also Legislative provisions against Trafficking as under:

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(i) The Immoral Traffic (Prevention) Act,1956 (ITPA) is the premier legislation for prevention of trafficking for commercial sexual exploitation, procuring or offering of a child for prostitution , for the pornographic performances and procuring or offering of a child for illicit activities. (ii) Criminal Law (Amendment)Act 2013 has come into force wherein Section 370 of Indian Penal Code has been substituted with Section 370 and 370A IPC which provide for comprehensive measures to counter the menace of Human Trafficking.(iii) There are other specific legislation enacted relating to trafficking in women and children like the Prohibition of Child Marriage Act,2006,Bonded Labour System (Abolition) Act,1976, Transplantation of Human Organs Act,1994,apart from specific Sections in the IPC e.g. Section 372 and 373 dealing with selling and buying of girls for the purposes of prostitution.(iv) In order to curb child labour, Ministry of Labour and Employment is administering Child Labour (Prohibitions and Regulation)Act,1986.The Act has been made more stringent and prohibits child labour for children below 14 yrs. of age in all occupations and processes and employment of adolescent (below 18 yrs.) in hazardous occupation and processes.
Registration of placement agencies is being dealt with by the respective State Government. State/UT-wise data regarding registration of Placement Agencies is not maintained at the Central level.
(e): No such data is maintained at the Central level.

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