Diplomacy Vs. Hypocrisy!

It is only the tip of the iceberg when we talk about Domestic Workers rights status in India. Devyani Khobragade's arrest in the U.S. is only an indication of how we treat domestic laws in India and that resonates the ignorance about migrants from and in India. I feel ashamed of the treatment Ms. Khobragade has received in public view as a serving Diplomat, a woman and a mother.  But I strongly oppose the defense India puts forth to protest a punishable incident such as this. While it draws a direct correlation of the working and economic conditions of migrant workers in and outside India. The current case only leaves us to ponder about what must be the underlying tragedy and crisis of the domestic worker placed to serve at Ms. Khobragade? 

As per a news report "There was an embarrassing failure of US international protocol and error of judgement." (Read). The U.S. has accused Ms. Khobragade of manipulating the visa application for an Indian national who worked as a domestic worker at her residence. She was paying her less than the actual minimum wages and forcing her to work for more than 40 hours a week. Such has been a case with recent toture cases of domestic workers by Indian Diplomats in India. Mush gross cases of torture beyond ones imagination came to light in 2013.

Let's take a look at the legislative status of Domestic Workers Rights in U.S. and India:

A Domestic Workers' Bill of Rights took effect in New York State on November 29, 2010. Among other rights, this law gave domestic workers the right to overtime pay, a day of rest every seven days, three paid days of rest each year (after one year of work for the same employer), protection under the state human rights law, and a special cause of action for domestic workers who suffer sexual or racial harassment.

This law also gives domestic workers coverage under the New York State Human Rights Law if they have been harassed due to gender, race, sex, religion, or origin. The employer cannot make any unwanted sexual advances including both physical and verbal sexual actions. If the worker files a complaint, the employer cannot retaliate. This law covers all full-time workers, including immigrants. This law does not cover people who are related to the person they care for, or if they are a part-time worker, such as a baby-sitter. (Bill of Rights)

 Illustration by Keshav/ Source: The Hindu

The Government of India had enacted the Unorganised Workers’ Social Security Act, 2008 for the social security and welfare of unorganised workers which included domestic workers. The National Social Security Board constituted under the Act had constituted a Sub-Committee of the Board to explore the extension of Social Security Schemes for unorganized workers.  The act was amended in 2010 and was introduced to curb trafficking and exploitation of these women employed as domestic workers and ensure better payments and working conditions. It is still languishing in Parliament.

'While the condition under which domestic worker sustain their lives is quite similar to other countries where the ILO Domestic Workers Convention is yet to be ratified. Paid domestic work continues to be excluded from the central list of scheduled employments under the Minimum Wages Act of 1948. It is not covered under either the Payment of Wages Act (1936) or the Workmen’s Compensation Act (1923) or the Contract Labour (Regulation and Abolition) Act (1970) or the Maternity Benefit Act (1961).' (Read more)

India still awaits for a sound and safe environment to be set for domestic workers while facing external challenges and getting more settled with implementation of international laws in reality!