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.
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