The predicament of our workers may in many cases be so dire that the HCD in
BNWLA v Bangladesh,10 has compared domestic works to slavery and observed:
It [domestic works] is somewhat akin to the situation in the dark days of slavery when black
Africans were rounded up from their homes, packed like sardines into ships and carried to far
away America where they toiled in the houses of the white Americans. The slave trade has been
long abolished. Sadly, we are far behind times and still engage in practices that are not far less
than slavery.11
Of course, there are significant differences between slavery and domestic works
by children. First and foremost is that while slavery was legal, treating domestic works
inhumanly is without doubt illegal. That said, if the working and living conditions of
child domestic workers, their aloofness from their families, and their overall haplessness
are considered, it would be difficult to demarcate a clear line between their predicaments
and those of the slaves of the past when slavery was considered a legally acceptable
practice.
Sometimes in order to escape the persistent abuse and torture, many child
domestic workers try to escape the household of their employers. But these desperate
children then instead of reaching their homes, may haplessly die due to accidents or fall
victims of traffickers or other criminal gangs who use them as their tools. Sometimes in
the name of employing children, they are taken away from their homes in rural areas to
cities and get trafficked or forced to engage in begging, prostitution or other immoral or
illegal activities.12 In fact, the deplorable situation of the child domestic workers in
Bangladesh implies an abject failure of the policy instruments adopted by the
Government designed for the protection of children.
10
Bangladesh National Women Lawyers Association (BNWLA), Represented by Its Vice-President, Fahima
Nasrin v The Cabinet Division, Represented by Cabinet Secretary, Bangladesh Secretariat, Dhaka and
Others (2012) 17 MLR (HCD) 121 [BNWLA v Bangladesh].
11
12
Ibid, at para 36.
UNICEF,
Child
Sexual
Abuse,
Exploitation
and
Trafficking
in
Bangladesh,
<http://www.unicef.org/bangladesh/Child_Abuse_Exploitation_and_Trafficking.pdf> at 28 May 2014.
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