CHAPTER – 1

INTRODUCTION

No Freeman shall be taken or imprisoned, or be disseised of his Freehold, or

Liberties, or free Customs, or be outlawed, or exiled, or any other wise
destroyed; nor will We not pass upon him, nor condemn him, but by lawful
judgment of his Peers, or by the Law of the Land. We will sell to no man, we
will not deny or defer to any man either Justice or Right.

-Clause XXIX of the Magna Carta1

This was a clause from the 13th Century Magna Carta but in reality even
after 700 years of this declaration, the benefits of this declaration eludes the domestic
workers of many countries and these rights exist only on paper and they continue
to suffer the evils of exploitation. For Karl Marx, exploitation formed the
foundation of capitalist system. He argued that the ultimate greed for more and
more profit among the capitalists laid the foundation for exploitation of the labour
class. However, exploitation is not akin to capitalist systems alone. Just as
Roscoe Pound says that there cannot be a society without conflicts, it sometimes
looks like there cannot be a society without any kind of exploitation. It seems
there are certain areas in which the concept of social justice takes a back seat and
the rights of domestic workers in India is a telling example of it. In spite of the
golden provisions as enshrined in our Constitution guaranteeing equality and
social and economic justice, the situation in fact is different and a few sections of
the people face all kinds of exploitation and their rights remain on paper only.
Domestic workers are perhaps the most exploited among all the labour classes
with no provisions for their safety, working conditions, wages, and social
protection.

1
Magna Carta Libertatum, commonly called Magna Carta, is a charter agreed to by King
John of England at Runnymede, near Windsor, on 15 June 1215

1
 Capitalism added another dimension to this problem by fixing the wages of the
workers and the number of hours of work but the wages were very low and
conditions were disgusting. The capitalist philosophy is summarized by Marx as
under:

“the source of capitalists' wealth is the unpaid labour of workers, the

interests of workers and capitalists--like slave and master or serf and lord before
them--are diametrically opposed and are impossible to reconcile. The two will
always come into conflict since capitalists can only increase their share of the
wealth at the expense of workers, and vice versa”.1

He further emphasised that only when workers control the means of

production for their own benefit can exploitation be abolished--only then will "the
expropriators be expropriated.2

So, all through the ages exploitation in one form or the other continued and
it is still continuing. Exploitation is nothing but an aggression of one person over
the rights of another and the glorious journey of human civilization is nothing but
a saga of oppression of one section by the other. The concept of human rights was
never there in the beginning and might is right was the order of the day.
However, as the civilization progressed, the oppressed groups have started
asserting their rights and certain rights became inalienable rights and everyone
started claiming it. However in many part of the world there still remain certain
sections of the people who are oppressed. The declaration of Universal rights by

the United Nations even did not bring any change in their life. It only remain on
paper that these rights being inherent in nature are available to all the individuals
irrespective of caste, creed, religion, sex and nationality and are moral claims
which are inalienable. Thus so far we could achieve the dream of living with
dignity for many sections of the people.

1
Available at: https://socialistworker.org/2011/09/28/what-do-we-mean-exploitation (Visited on October
10, 2015).
2
Available at: https://socialistworker.org/2011/09/28/what-do-we-mean-exploitation
(Visited on October 10, 2015).

2
1.1 Human Rights as natural rights

In ancient times, human rights were associated with natural rights. A lot
of thinkers were of the opinion that rights are based on the inalienable laws of the
nature.

The 17th, 18th and 19th centuries contributed and strengthen the civil and
political rights, leading to further strengthening of civil and political liberties.
They are also considered as First Generation of Human Rights. The 20th century
further contributed to the development and strengthening of economic, social, and
cultural rights. It also strengthens the rights of minorities. This led to Second
Generation of Human Rights. These rights ensured a minimum guarantee of
economic welfare of the people. It further led to recognition of basic material
needs essential for dignified human life. The Third Generation of Human
Rights is of later origin in the second half of the 20th century. These rights enable
an indivisible to participate in all round development of human beings.5

4
Durgadas Basu, ‘Human Rights in Constitutional Law’, (Vadhwa Publications,
Nagpur,2nd edn, 2003). available at :
http://vle.du.ac.in/mod/book/print.php?id=13397&chapterid=29484#_ftn1 (Visited
on October 10, 2015).
5
Available at :
http://vle.du.ac.in/mod/book/print.php?id=13397&chapterid=29484#_ftn1 (Visited on
March 1, 2015)

3
 According to Aquinas6, whatever is naturally right could be ascertained by
humans using their reasoning capacity. Hugo Grotius 7 further expanded this
notion in De Jure Belli et Paci in which he propounded the immutability of
natural right and wrong. The moral authority of natural right was assured on the
ground of divine authorship.8

The divine basis of natural rights was further explored after Hobbes by
John Locke9. Locke elaborated and extended the natural right argument in the late
17th century in Two Treatise on Government. However, unlike Hobbes, Locke
argued for natural rights with references to what God had ordained for
humankind. Locke’s views had a lasting impact on the political discourse that was
reflected in the American Declaration of Independence (1776) as well as in
France’s Declaration of the Rights of Man and the Citizens which was passed by
the republican Assembly of France after the revolution of 1789.10

With the advent of modernity came the phase of reformation and religious
authority was challenged by rationalism. Political philosophers reasoned for new
bases of natural rights. Thomas Hobbes11 waged the first major attack in 1651 on
the divine basis of natural rights. According to Hobbes a ‘state of nature is that
state in which God was not supposed to play any significant role in terms of
protecting humans. Moreover, Hobbes also took a vital leap in terms of social
contract based conception of a state which will be the custodian of these natural

6
Ibid.
7
Ibid.
8
Available at :
http://vle.du.ac.in/mod/book/print.php?id=13397&chapterid=29484#_ftn1(Visited on
March 1, 2016)
9
English philosopher whose works lie at the foundation of modern
philosophical empiricism and political liberalism. Like Hobbes, Locke also belongs
to natural rights school of thought.
10
Available at :
http://vle.du.ac.in/mod/book/print.php?id=13397&chapterid=29484#_ftn1(Visited on
March 1, 2016)
11
English philosopher, scientist, and historian, best known for his political philosophy,
especially as articulated in his masterpiece Leviathan (1651). Hobbes viewed government
primarily as a device for ensuring collective security and protecting natural rights.
Political authority is justified by a hypothetical social contract among the many that
vests in a sovereign person or entity the responsibility for the safety and well-being of all.

4
Man’, Paine made a clear distinction between natural rights and civil rights, but he
continued to see a necessary connection. Natural rights are those which appertain
to man in right of his existence. Of this kind are all the intellectual rights, or rights
of the mind, and also all those rights of acting as an individual for his own
comfort and happiness, which are not injurious to the natural rights of others.
Civil rights are those which appertain to man in right of being a member of
society. Every civil right has for its foundation, some natural right pre-existing in
the individual, but to the enjoyment of which his individual power is not, in all
cases, sufficiently competent. Of this kind are all those which relate to security
and protection.18

1.2 Characteristics of Human Rights

Following are the important characteristics of Human Rights20-

 Human rights are primarily based on respect, dignity, and moral worth of
every individual.
 Human rights are inherently universal. They are applied in just way to all
and without any discrimination on the ground of religion, sex, race, or
geography.
 Human rights are inalienable as no one can take other’s rights other than
by the specified means and in specific situation as defined by law. For
instance the right to liberty can only be taken away if the person is found
guilty through legal means of justice like court.

 Human rights are considered as independent and indivisible. Thus it will

be absurd to respect rights of few people while violating others on no
legally sanctioned grounds. Thus, Human rights can be considered as
having equal importance and being equally indispensable, respecting the
dignity and moral worth of all individuals.

18
Thomas Paine, The Rights of Man, 68 (Penguin Books, New York, 1985).
19
Ibid.
20
Available at: http://vle.du.ac.in/mod/book/print.php?id=13397&chapterid=29484#_ftn1,
(Visited on March 20, 2015).

5
In terms of different meanings assigned to the concept of human rights, it can be
broadly classified in the following five-

 Civil Human Rights

 Political Human Rights
 Economic Human Rights
 Social and Cultural Rights
 Development and Environmental Rights

Thus the domains of human rights which are essential for every human
being to lead a life of substance can be as under and they are so important and
meaningful in the life of domestic workers as well:21

1.3 Civil and Political Rights: The civil and political rights comprises of
citizen’s right to liberty and equality. It is also referred to as first generation of
rights. It includes freedom to think and express freely, right to worship of own
choice and also right to vote in democratically free environment.

1.4 Economic, Social and Political Rights: These rights are mainly concern
about the production, management, and development of the material necessities of
life. Social, economic, and cultural rights are also referred to as second generation
of rights. Right to food, shelter and health care are some examples of such rights.

1.5 Environmental and Developmental Rights: These rights are also called
as third generation of rights. These rights recognize that people have the actual
right to live in a safe and healthy environment. It also endorses group specific cultural and
economic development right

1.6 Natural Rights: Natural rights are those rights which are not contingent
upon the laws of the land, traditional customs, or belief system of any particular
culture or government. For this reason they are universal and inalienable in letter
and spirit.

21
Available at :
http://vle.du.ac.in/mod/book/print.php?id=13397&chapterid=29484#_ftn1(Visited on
March 20, 2015).

6
1.7 Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR), 1948, defines

human rights as “rights derived from the inherent dignity of the human person.”
Human rights when they are guaranteed by a written constitution are known as
“Fundamental Rights” because a written constitution is the fundamental law of the
state. From these, the essence of human rights can be summarised as under:22

1. Human Rights are Inalienable - Human rights are conferred on an

individual due to the very nature of his existence. They are inherent in all
individuals irrespective of their caste, creed, religion, sex, and nationality.
Human rights are conferred to an individual even after his death. The
different rituals in different religions bear testimony to this fact.23

2. Human Rights are essential and necessary - In the absence of human

rights, the moral, physical, social and spiritual welfare of an individual is
impossible. Human rights are also essential as they provide suitable
conditions for material and moral upliftment of the people.24

Human Rights are in connection with human dignity - To treat another

individual with dignity irrespective of the fact that the person is a male or
female, rich or poor etc. is concerned with human dignity. For e.g. In
1993, India has enacted a law that forbids the practice of carrying human
excreta. This law is called Employment of Manual Scavengers and Dry
Latrines (Prohibition) Act.25

3. Human Rights are Irrevocable: Human rights are irrevocable. They

cannot be taken away by any power or authority because these rights
originate with the social nature of man in the society of human beings and
they belong to a person simply because he is a human being. As such
human rights have similarities to moral rights.26

22
Available at: http://archive.mu.ac.in/myweb_test/SYBA%20Study%20Material/fc.pdf
(Visited on March 20, 2015).
23
Ibid.
24
Ibid.
7
4. Human Rights are Necessary for the fulfillment of purpose of life:
Human life has a purpose. The term “human right” is applied to those
conditions which are essential for the fulfillment of this purpose. No
government has the power to curtail or take away the rights which are
sacrosanct, inviolable, and immutable.27

5. Human Rights are Universal: Human rights are not a monopoly of any
privileged class of people. Human rights are universal in nature, without
consideration and without exception. The values such as divinity, dignity,
and equality which form the basis of these rights are inherent in human
nature.28

6. Human Rights are never absolute: Man is a social animal and he lives in
a civic society, which always put certain restrictions on the enjoyment of
his rights and freedoms. Human rights as such are those limited powers or
claims, which are contributory to the common good and which are
recognized and guaranteed by the State, through its laws to the individuals.
As such each right has certain limitations.29

7. Rights as limits to state power: Human rights imply that every

individual has legitimate claims upon his or her society for certain freedom
and benefits. So human rights limit the state’s power. These may be in the
form of negative restrictions, on the powers of the State, from violating the
inalienable freedoms of the individuals, or in the nature of demands on the
State, i.e. positive obligations of the State. For eg. Six freedoms that are
enumerated under the right to liberty forbid the State from interfering with
the individual.31

8. Rights as limits to state power: Human rights imply that every

individual has legitimate claims upon his or her society for certain freedom
and benefits. So human rights limit the state’s power. These may be in the
form of negative restrictions, on the powers of the State, from violating the
inalienable freedoms of the individuals, or in the nature of demands on the
State, i.e. positive obligations of the State.

9.
8
The American and French revolution etc added impetus to this and there was a sudden
assertion for rights by the oppressed and that momentum is still going on in one form
or the other. Thus from Magna Carta to present day the journey of human race is a
journey against oppression.

The important landmarks in the progress of human rights are as follows:

1. Whenever we talk about rights or the progress of human society from

oppression to liberation, ‘The Magna Carta,’ deserves a special mention. The
Magna Carta, also known as the Great Charter, of 1215 has added significantly to
the cause of human liberty from no rights to certain inalienable rights. The people
of England fought for their rights and compelled the then King to respect certain
rights of the people as they wanted to protect themselves from the arbitrary
actions of the King. The Charter contained 63 clauses that guaranteed basic civic
and legal rights to citizens, and protected the people from arbitrary actions from
the King and unjustified taxes.

2. The English Bill of Rights, 1689 is the second greatest development

towards freedom and liberty. The English Bill of Rights is an act that the
Parliament of England passed on December 16, 1689. The Bill created separation
of powers, restricted the powers of the king and queen, and enhanced democratic
election process and bolstered freedom of speech. The British parliament asserted
its authority over the King and put an end to the arbitrary power or the overriding
supremacy of the King. It strengthened the foundations of the concept of
supremacy of law and the parliamentary sovereignty of the country. Thereafter
the parliament became supreme over the other organs and the King and gradually
laws were codified by the parliament to make it certain and precise in its
application. The United States Bill of Rights, hailed as a landmark development
was modelled on this.

9
3. American Declaration of Independence, 1776. Declaration of
independence by the American Colonies in 1776 was an important development
which is rather considered as a protest against oppression. While declaring their
independence, the thirteen states accused the King of tyranny and oppression and
what they wanted was liberation from these inhuman practices. This is hailed as
an important development because this kind of revolt against a King was not
known in those days and there was no practice of an organized fight against the
sovereign for natural and inalienable rights.

4. The U.S. Bill of Rights, 1791. This pertains to certain amendments to the
Constitution of the United States. The U.S. Constitution as originally enacted did
not contain any clauses that guaranteed private rights and personal liberties.
Hence amendments were proposed by Madison in the form of Bill of Rights and
about ten such proposed amendments were enacted or ratified by the legislature.
These ten constitutional amendments came to be known as the Bill of Rights. The
Bill of Rights is considered as the cornerstone of American freedoms, and the
primary purpose of this bill is to protect the rights of the citizens. It ensures that
certain rights and personal freedoms are guaranteed to the people, and it is beyond
the power of the government to take it away and thus ensuring that the
government does not become so powerful as to present a threat to the population.

5. Declaration of International Rights of Man, 1929. In spite of all the above

developments, much was needed to be done and after the World War I, the issue
of human rights was again in discussion as the earlier discussions did not achieve
the desired purpose. Thus in 1929, the Institute of International Law adopted the
Declaration of International Rights of Man. This declaration was an effort to
universalise the American Bill of Rights and French Declaration of Rights of man
end extend its applicability to the entire mankind. It declared that fundamental
rights of citizen recognized and guaranteed by the Bill of Rights as evolved in
USA and France will be applicable to the entire people of the world without any
consideration..

10
Organized and Unorganized Sector

Unorganized workers (UW) in India have increased many folds post

independence. Around 52% of UW’s are engaged in agriculture & allied sector
and they constitute more than 90% of the labour work force. UW also contributes
50% to GDP (according to National Commission for Enterprises in the
Unorganized Sector i.e. NCEUS). So it is of utmost importance to look into the
plight of this poverty-stricken and downtrodden class of India. 40

As per "Ministry of Labour and Employment - Unorganized sector

means an enterprise owned by individuals or self-employed workers and engaged
in the production or sale of goods or providing service of any kind whatsoever,
and where the enterprise employs workers, the number of such workers is less
than ten. “Unorganized worker” (UW) means a home-based worker, self-
employed worker or a wage worker in the unorganized sector and includes a
worker in the organized sector who is not covered by any Acts mentioned in
Schedule II of the Unorganized Workers Social Act 2008. 41

The term ‘unorganised sector’ has been defined by the National Commission for
Enterprises in the Unorganised Sector (NCEUS) Government of India as the sector which
“consists of all unincorporated private enterprises owned by individuals or households
engaged in the sale or production of goods and services operated on a proprietary or
partnership basis and with less than ten total workers”42

The term unorganized sector means an enterprise owned by an individual or self

employed worker and engaged in the production or sale of goods or providing
service of any kind whatsoever, and where the enterprise employs workers the
number of such workers is less than ten whereas the term organized sector means
an enterprise which is not an unorganized sector43

11
 According to statistics of Ministry of Labour (2008), Unorganized Worker
is classified into four groups:44

1. By Occupation

2. By nature of employment

3. Service Category

4. Special Category

When we compare both organized and unorganized sectors, the following

traits can be found. The workers in the organized sector enjoy certain definite
rights and benefits, those in unorganized sector have to face poor working
conditions as under:
1. Low productivity compared to formal sector
2 Lower wages to workers
3. Poor working conditions
4. Excessive seasonality of employment
5. Absence of social security measures
6. Negation of social standard
7. Poor human capital base (in terms of education, skill, and training)
as well as lower mobilization status of the work force
8. Any effective legal action against it is seen as a step of impairing

40
Available at: http://www.erewise.com/current-affairs/problems-of-unorganised-sector-
workers _art5253e5adee10f.html#.V6cpFZh97IU (Visited on August 07, 2016).
41
Ibid.
42
Academic Foundation, “Report on Conditions of Work and Promotion of Livelihoods in the
Unorganised Sector”. p.1774 (Jan . 1, 2008)

12
1.8 Laws and Unorganized Sector
The Indian government has passed “The Unorganized Sectors Social
Security Act 2008. This law was enacted to ameliorate the conditions of people
working in the unorganized sector. The positive aspects of this law are as under:
1. Envisages creating National Social Security Board which will be chaired
by Union Minister for Labour and Employment & Director General
(Labour Welfare) as Member-Secretary
2. Envisages creating State Social Security Board at state level which will be
chaired by Minister for Labour and Employment of the concerned state &
the Principal Secretary or Secretary (Labour) as Member-secretary

However, this Act did not make big impact on the problems faced by those
in the unorganized sector. The following are cited as the reasons for it:

1. No separate provision for unorganized workers.

2. Only contains available social security schemes in the country.
3. No legal binding on the part of government or the one
who employs.
4. No eligibility criteria, no benefit details, minimum wages etc.
have been envisaged in the act.
5. Act has a serious lagging on the legislative and intent front.

The social security legislations so far available in the country benefitted

the organized sector only. Thus we have a number of enactments as under:
1. Payment of Gratuity Act 1971
2. Workmen Compensation Act 1923
3. Maternity Benefit Act 1971
4. Employees State Insurance Act 1948
5. Employees Provident Fund and the Miscellaneous Provisions
Act 1952

45
Anjali Widge, Women in the Informal Sector, Multi disadvantages of Domestic Workers,
33 (Indian Social Institute, New Delhi, 1995

13
1.9 Domestic Worker

The present research which is on domestic worker is also falls in the category of
unorganized worker. Domestic worker means a person who works within the employer’s
household and performs a variety of household services for an individual’s family, from
providing care for children and elderly dependents to housekeeping, including cleaning and
household maintenance. In addition it may include cooking, laundry and ironing, shopping
for food and undertaking other household errands etc. 47

The International Standards Classification of Occupation lists the duties of a

Housemaid as under –Housemaid cleans rooms, prepares food and serves meals, washes
dishes and performs additional domestic duties in private households – dusts and polishes
furniture, sweeps and cleans floors and floor coverings and cleans windows, make beds and
changes linens; washes, pares, cuts and otherwise prepares food cooking or eating raw;
prepares beverages, salads and desserts; washes dishes and cleans silverware; sets tables and
arranges chairs in dining room and serves food; washes linen and other textiles by hand or
machine and mends and irons them, performs additional duties such as answering telephone
and door bell, feeding pets and purchasing food and other supplies. May cook meals, bake
cakes and pastries, and perform other cooking work.48.

Domestic work is a sector which thrives on all forms of exploitation which

includes forced labour, trafficking, and bonded labour etc. The circumstances in
which the domestic workers work are different in the sense that they work inside
private households without any security and any kind of legal protection. They are
engaged in a variety of household works like cooking, cleaning, laundry, taking
care of children and the elderly etc. In many cases, domestic workers live inside
their employers’ homes and are forced to work all throughout the day without rest
and sleep.

46
Available at :
http://www.academia.edu/6442410/Working_and_Living_Conditions_of_Workers_in_
Unorganized_Sector-A_Review_of_Literature, (Visited on August 07, 2016).
47
Anti-slavery international “Domestic Work and Slavery”, Available at:
http:www.antislavery.org/404. aspx?aspxerrorpath=english/slaverytoday/childdomestic
work.aspx (Visited on August 7,

14
The Domestic Workers Conditions of Service Bill, 1994 defined “Domestic Worker”
as a worker employed to do house work which according to the Bill include the
following tasks:

- Cooking or a part of it
- Washing Clothes
- Washing Utensils
- Dusting or Cleaning of house or part of it
- Looking after or caring for people-infants, children, sick, old,
handicapped and others
- Fetching children
- Fetching milk
- Marketing
- ironing clothes
- Washing cars
- Running errant

Domestic workers can be classified in to different categories as under:53

i) part time workers, , i.e. workers who work for one or more employers for a
specified number of hours per day or perform specific tasks for each of the
multiple employers every day.

ii) full time workers who work for a single employer every day for a specified
number of hours (normal full day work) and who returns back to his / her
home every day after work.

iii) live-in worker, i.e. worker who works full time for a single employer and
also stays on the premises of the employer premises of the employer or in
a dwelling provided by the employer (which is close or next to the house
of the employer) and does not return back to his/her home every day after
work

15
The following data available with the National Crime Records Bureau (NCRB), India
leads to a shocking account of violation of the rights of domestic workers in India. The
total number of cases registered under different provisions of law which come under
violence against domestic workers during the period 2010, 2011 and 2012 were 3422,
3517 and 3554 respectively. These reports indicate to the fact that the problems of
domestic workers remain unattended even today and we have not been able to address
this issue so far. The State/UT wise details are as under:57

S. No. State/Union Cases Registered Cases Cases

Territory in 2010* Registered Registered
in 2011* in 2012*
1. Andhra Pradesh 633 605 506
2. Arunachal Pradesh 0 0 1
3. Assam 103 165 154
4. Bihar 184 218 99
5. Chhattisgarh 25 33 18
6. Goa 17 18 40
7. Gujarat 46 50 63
8. Haryana 57 61 69
9. Himachal Pradesh 4 5 9
10. Jammu & Kashmir 4 1 3
11. Jharkhand 46 43 43
12. Karnataka 263 372 412
13. Kerala 315 206 220
14. Madhya Pradesh 44 94 45
15. Maharashtra 360 432 403
16. Manipur 0 0 32
17. Meghalaya 3 5 7
18. Mizoram 0 8 1
19. Nagaland 2 2 4
20. Orissa 34 35 29

56
Available at :
http://www.antislavery.org/english/slavery_today/domestic_work_and_slavery/
default.aspx (Visited on August 07, 2016).
57
Available at: http://pib.nic.in/newsite/PrintRelease.aspx?relid=103336, (Visited on
August 07, 2016).

16
21. Punjab 60 50 86
22. Rajasthan 96 102 120
23. Sikkim 3 1 0
24. Tamil Nadu 580 420 528
25. Tripura 33 7 0
26. Uttar Pradesh 23 48 51
27. Uttarakhand 4 3 19
28. West Bengal 427 481 549
29. A & N Islands 3 3 2
30. Chandigarh 3 1 0
31. D&N Haveli 1 1 2
32. Daman & Diu 6 6 3
33. Delhi UT 32 38 32
34. Lakshadweep 0 0 0
35. Puducherry 11 3 4
Total 3422 3517 3564

A report published in Wall Street Journal in 2014, reveals shocking

accounts of widespread events of maid abuse in India. The data lays down state-
wise details of abuse of domestic workers in Indian states. According the report
maids living in West Bengal, in eastern India, reported the highest number of
cases of violence against them in 2012, according to the first state-wise
breakdown of domestic help abuse.58

17
 A report published in Times of India on30, Oct 2013 is a telling example
of the plight of domestic workers in India. The report was particularly about
inhuman practices against domestic helps in the National Capital region, New
Delhi.

1.12 Review of Literature

Domestic workers are the most neglected of all the work force in many
countries and they are not protected with any safeguards as all of them works in
the unorganized sector. They are not protected under the Constitution, and they
are not protected by adequate laws and they continue to live as the most
marginalized and discriminated section of the society. This is more or less at the
international level in many countries. In order to understand the problem fazed by
18
 the domestic workers, available literature in the relevant subject has been gone
through by the researcher.
The regulations and orders of the International Labour Organization,
which is the international body which stands for the welfare of the labourers is
important as a guiding material. Domestic Workers Convention (189) and (201)
was aimed at promoting decent work for all, particularly recognizing the
contribution of domestic workers to the global economy, and address the other
problems faced by the community.

1.13 Objectives of the study

This study has the following objectives:

1. to study the human right of domestic worker in international and national

legal frame work

2. to analyse the status of domestic workers with respect to our existing legal
framework.

3. to learn about the conditions they are kept in and the terms of employment
they work under.

4. to study the problems of domestic workers in India.

These Conventions have set the international standards for the ameliorating the
conditions of domestic workers across the globe. Apart from the ILO Conventions as
above, the following UN regulations are also referred to being important documents of
human rights:

• Universal Declaration of Human Rights, 1948

• ICCPR International Covenant on Civil and Political Rights - 16 Dec 1966
• ICESCR International Covenant on Economic, Social and Cultural Rights
- 16 Dec 1966
• CEDAW Convention on the Elimination of All Forms of Discrimination
against Women - 18 Dec 1979
• CAT Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment - 10 Dec 1984
• CRC Convention on the Rights of the Child - 20 Nov 1989
19
1.14 Research Hypothesis

Domestic workers are subjected to various forms of abuses and protection given to
them under the international and legal frame work are inadequate from the view
point of their human rights.

1.15 Research Methodology

The researcher in the beginning wanted to conduct empirical study on the

project by collecting data from the domestic servants and the employers of
domestic servants by conducting survey or questionnaire method. A sincere effort
has been made by the researcher for gathering data on various problems faced by
the domestic servants by personally contacting them as well as their employers to
access direct or immediate information

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