Potential Further Measures to Regulate Domestic Works by Children and Improve
their Working and Living Conditions
As a matter of priority, the Government would have to implement the directives
issued by the High Court Division in BNWLA v Cabinet Division which is a constitutional
obligation of the Government.84 The very fact that the Domestic Worker Protection and
Welfare Policy, 2010 (Draft), is in draft stage for years and has not come into effect as an
operational policy, in itself, implies that there is either lack of political will or capacity in
improving the plight of domestic workers. This inertia of the policy makers may also be
attributable to the absence of any trade union or other collective bodies representing the
interest of the domestic workers.
Of course, the court lacks coercive powers and can only render judgments. Now
as apparently the Government has failed to honour its constitutional obligations 85 and
implement the directives of the HCD or are being too slow to implement them; the civil
society groups, ILO, and other organizations working on child and labour rights must
exert pressure on the Government. Even if we assume that the Government has been
hamstrung by the constraint of resources necessary to implement the directives, relentless
pressure on the Government would act as a watchdog against negligence of the executive.
In other words, such pressure can ensure that the Government would promulgate
necessary regulations without delay and take those measures the implementation of
which is dependent on resources, gradually.
In addition to the implementation of the policies and the directives of the HCD,
some additional measures for protecting the child domestic workers can be taken. As a
general rule, it is the responsibility of the claimant to prove her/his case. 86 However, the
general rule on evidentiary burden has got its exceptions; in some cases for ensuring the
84
See, Article 112 of the Constitution of the People’s Republic of Bangladesh, 1972 which provides that
‘All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court’.
85
Of course, as the HCD has not fixed any specific time frame to implement the directives this claim has to
be made with qualifications.
86
See Section 101 of the Evidence Act, 1872 [Act No. I of 1872]
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