absence of these provisions in the existing Labour Act, 2006 seems to be devoid of any practical value. Despite the absence of statutory laws dealing with domestic works by children, all agreements by children to engage in domestic works would fit in the quite wide import of the definition of legally enforceable contracts as contained in Sub-Sections (e) and (h) of Section 2 the Contracts Act, 187252 and even if oral, can be enforced by civil courts provided sufficient evidence is produced by the party seeking relief. Any cruel or criminal acts perpetrated against child domestic workers can be punished under the existing penal laws such as the Penal Code, 1860, Repression of Violence against Women and Children Act, 2000. Of course, when a violation of fundamental rights of a child domestic worker occurs, a writ petition can be filed but as such petitions cannot be filed against a private person, this would prove to be an ineffective tool for seeking redress against the employer in individual cases. Civil or criminal actions though viable in theory, would have limited practical usage for child domestic workers as they can only be of use if the workers themselves or someone else seek the recourse of law. This is where Government bodies can come in to play and assist the child domestic workers by being vigilant and espousing the grievance of the latter against their employers. The plight of domestic workers and the Government’s responsibility to protect them from systemic neglect has been at issue in BNWLA v Bangladesh and in this case, the HCD has issued ten specific directions upon the Government. The 10 directions are: (1) taking immediate steps to prohibit all forms of employment of children (including domestic works) up to the age of 12 years; (2) obliging employers of child domestic workers to provide for the training/employment of the child domestic workers aged between 13 to 18 years; (3) implementing the National Child Labour Elimination Policy, 2010, and particularly recommended setting up of a focal Ministry/focal point, Child Labour Unit and National Child Labour Welfare Council for its implementation; (4) taking measures for inclusion of child domestic workers within the Labour Act, 2006 and implementing the beneficial provisions of the Draft Domestic Worker Protection and 52 Act No. IX of 1872. 13

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