We often come upon news items on shocking abuse of minor domestic workers in the country. In an era where many consider domestic helps to be an essential part of households, cases of violence against them seem only to be increasing. Domestic helps are from poverty-stricken families and they often have no choice but to take on this demeaning job to earn a living. Even after working for supposedly educated people with a higher understanding of human rights and human dignity, they often fall victim to inhumane brutality.
Domestic workers are not adequately covered by law. In 2015, the government introduced the Domestic Workers Protection and Welfare Policy to provide a fair and healthy work environment for them, provided that domestic workers can file complaints through the designated authorities, such as the Department of Labour or law enforcement if they face any physical, sexual, or verbal abuse. But the enactment and enforcement of a full-fledged law for their protection has been overdue. Rights activists and bodies, including the National Human Rights Commission, have long been advocating enactment of such a law as the existence of the policy cannot effectively combat the cases of violence against domestic workers.
Cases of abuse are more prevalent in the capital city and the abusers are often influential people. The cause of these abuses might be traced back to the low self-esteem of the abusers. Housewives with influential husbands tend to wield the same authority their partners exercise over their subordinates. To fulfil this desire, they abuse those they can dominate--- usually domestic workers. By abusing them, the abusers derive a sense of validation. This toxic mentality is one of the main reasons for the abuse.
Since most of the cases of abuse take place in well-off families, they use their influence to bypass the law and continue the crime without consequences. Even if the victims try to seek legal help, these influential people get in their way; they hamper investigations and even manipulate the legal process.
Many abusers also decide to pay the victim's family to settle the case outside of the court after they have done irreversible damage to the victim physically and mentally. Settling cases of violence against domestic workers outside the court is a way for the abusers to escape accountability in exchange for money. Our justice system must prevent it and charge the abusers with the crimes they commit.
We have to ensure a fair justice system for abused domestic workers. The government has to make it so the victims can get legal aid. Organisations such as the Ain o Salish Kendra (ASK) and the Bangladesh National Women Lawyers' Association (BNWLA) are providing legal support to abused domestic workers, but the ground situation suggests their services are yet to be adequate enough to ensure justice for the victims.
The government authorities, rights bodies and organisations concerned need to make legal aid easily accessible for all those who deserve the service. A full-fledged law on the protection of rights of the domestic workers should be enacted without any further delay.
The government and the media can play an important role in making domestic workers aware of their rights. If they know their rights, they will not be willing to settle things out of the court. They can also be familiarised with the organisations that are fighting against such abuses, so that they feel prompted to reach out for help. Formalising domestic work under legal contracts with specified work conditions should also be considered.
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