Lok Sabha Question No. 1937 (UNSTARRED), answered on 2018-07-30
Subject: Data of Domestic Workers
Ministry: LABOUR AND EMPLOYMENT
Asked by: NABA KUMAR SARANIA

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 1937 TO BE ANSWERED ON 30.07.2018

## DATA OF DOMESTIC WORKERS

1937. SHRI NABA KUMAR SARANIA:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (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?

## ANSWER

## 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:

- 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.
9. (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:

(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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