What to do when a domestic worker is a victim of physical torture
This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, 'Legal Counsel', which has expertise mainly in commercial law, family law, labour law, land law, constitutional law, criminal law, and IPR.
Query:
I am a 30-year-old housewife in Khulna. A few days ago, an 11-year-old girl who works as a house-help at one of my neighbour's houses, told me about the physical tortures that have been inflicted on her. She is apparently physically beaten, and I have also seen physical marks on her body. Is there any way I can help her legally?
Sharmila, Khulna
Response:
Thank you very much for your query. I highly appreciate the fact that you have chosen to raise your voice against the abuse of a vulnerable domestic worker.
Although the Bangladesh Labour Act, 2006 largely regulates matters related to employment, the Act, unfortunately, does not include any provision in relation to domestic workers. As a result, domestic workers are often exploited, made to work for excessive hours, subjected to verbal and physical abuse, and so on. However, Bangladesh is not the only country without a uniform law to protect domestic workers. In 2013, the International Labour Organization (ILO) found in a study that only 10% of domestic workers worldwide receive protection under the general labour laws.
Upon realising the urgency of introducing a law to protect the rights of domestic workers, the government has adopted 'The Domestic Workers' Safety and Welfare Policy' in 2015. Unlike an Act of Parliament, a policy is not binding on the citizens, which means that the citizens are not obliged to follow the policy This means one will not be punished if he/she fails to abide by a national policy. However, it is, of course, my recommendation that everyone follows the Policy as a guideline until an Act is passed for domestic workers.
The 2015 Policy recognises the jobs of domestic workers as 'labour', which ensures the protection of their rights. Moreover, it necessitates the welfare, entertainment, leisure, leaves, and congenial and decent working environment of domestic workers. As per the 2015 Policy, the minimum age of a domestic worker is 14 years, and the worker can only engage in light work until he/she turns 18. Any indecent behaviour, physical, sexual or mental torture, is strictly prohibited.
Alternatively, a criminal case can be filed against the perpetrators under the Penal Code, 1860. They may be fined and/or imprisoned for up to 7 (seven) years, depending on the seriousness of the harm done to the domestic worker. Furthermore, the Prevention of Offences Against Women and Children Act, 2000 (Nari O Shishu Nirjaton Daman Ain, 2000) protects all oppressed children.
If you are unwilling to file a case, you can talk to your neighbour and inform them that their activities are considered to be criminal activities (offences) and request them to refrain from repeating any such activities. If the situation persists, you may inform any NGO, such as Ain O Salish Kendro (ASK), BLAST, etc. working with children's rights and it is very likely that they will take up the matter for further action.
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