contained in Section 2(65) of the Bangladesh Labour Act, 200640 only includes those engaged in establishments or industries and thus, domestic workers are not entitled to protection under this Act. Section 1(4)(o) of the Act also unequivocally provides that domestic workers would not be covered by this law. According to this Act, child would mean anyone under the age of 14 years41 and adolescent would mean anyone above the age of 14 years but below the age of 18 years.42 This Act provides that anyone below the age of 14 years cannot be employed in any work and children above 14 years but below 18 years can only be employed when a certificate of fitness is granted to her/him by a registered medical practitioner.43 The Act provides a leeway for employing children in light works in that a child above the age of 12 years but below 14 years may be appointed in light work.44 The Domestic Workers Protection and Welfare Policy, 2010 (Draft) provides that no child below 14 years of age can be employed in domestic work. But it also provides that in special circumstances, a child who is 12 years old, can be employed in such household work which is not dangerous for her/his health and development and would not hamper education of the child. Of course, as there is no objective criterion to decide what is not dangerous to the health of a child and her/his development, it seems that this limited scope would be open to be misused. Even more importantly, this is just a draft policy and unless this becomes operational, even if a child below 12 years is employed in domestic work, it appears that would not constitute an offence under any law in force in Bangladesh. Apparently, the only legislation that directly deals with domestic workers in Bangladesh is the Domestic Servants Registration Ordinance, 1961.45 According to this 40 Act No. 42 of 2006. 41 Ibid, Section 2(36). 42 Ibid, Section 2(8). 43 Ibid, Section 34. 44 Ibid, Section 44. 45 East Pakistan Ordinance No. XLIV of 1961. 11

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