HUMAN

TRAFFICKING

DOMESTIC
WORKERS


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ROLL NUMBERS
102
104
106
111
122
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DEFINING
Article 3, paragraph (a) of the Protocol to Prevent, Suppress
and Punish Trafficking in Persons defines Trafficking in Persons
as the recruitment, transportation, transfer, harboring or
receipt of persons, by means of the threat or use of force or
other forms of coercion, of abduction, of fraud, of deception,
of the abuse of power or of a position of vulnerability or of
the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person, for
the purpose of exploitation. Exploitation shall include, at a
minimum, the exploitation of the prostitution of others or
other forms of sexual exploitation, forced labor or services,
slavery or practices similar to slavery, servitude or the removal
of organs
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REASONS
Market-driven criminal industry
High- profit, Low- risk
Poverty
Debt
Addiction
Political Instability & Natural Disasters
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WHO ARE TRAFFICKERS?
Gender
Former victims Article 26 of the Council of Europe
Convention on Action against Trafficking in Human Beings, which
states that: Each Party, shall, in accordance with the basic
principles of its legal system, provide for the possibility of not
imposing penalties on victims for their involvement in unlawful
activities, to the extent that they have been compelled to do so.
Nationality
Age
Family/ marital status

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TYPES
Forced labour
Sex trafficking
Bonded labour
Organ harvesting
Involuntary Domestic Servitude
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INTRODUCTION TO DOMESTIC
WORK

What is domestic work ??

Who are the domestic workers ??

Which part of India are they usually from ??

Causes for undertaking domestic work as a
source of livelihood

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TWO TYPES BASED ON THE
TIME FOR WORK

Part-time workers
Work for specified number of hours a day


Live-in workers
Work for almost the entire day and live at the
employers home
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THEIR PLIGHTS

Low wages

Long working hours

No contact with the family especially in
the case of live-in workers

Mental and physical torture






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DONT COME UNDER
LABOUR LAWS

Labour laws are not applicable
No holidays-----weekly or public


In fact child domestic work is NOT considered
as a form of child labour.

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RIGHTS VIOLATED
BY HUMAN
TRAFFICKING
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UNIVERSAL DECLARATION OF HUMAN
RIGHTS
ARTICLE 23
. Everyone, without any discrimination,
has the right to equal pay for equal work.
Everyone who works has the right to just and
favorable remuneration ensuring for himself
and his family an existence worthy of human
dignity, and supplemented, if necessary, by
other means social protection.


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UNIVERSAL DECLARATION OF HUMAN
RIGHTS [CONTD.]
ARTICLE 24
Everyone has the right to rest and leisure,
including reasonable limitation of working
hours and periodic holidays with pay.

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UNIVERSAL DECLARATION OF HUMAN
RIGHTS [CONTD.]
ARTICLE 25
Everyone has the right to a standard of living
adequate for the health and well-being of himself
and of his family, including food,clothing,housing
and medical care and necessary social services,
and the right to security in the event of
unemployment ,sickness,disability,widowhood
,old age or other lack of livelihood in
circumstances beyond his control.
Motherhood and childhood are entitled to special
care and assistance.

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RIGHT AGAINST SLAVERY!!
ARTICLE 4
no one shall be held in slavery or servitude;
slavery and the slave trade shall be prohibited
in all their forms.

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INDIAN
CONSTITUTION
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RIGHT AGAINST EXPLOITATION

ARTICLE 23
Prohibition of traffic in human beings and
forced labour.(1) Traffic in human beings
and beggar and other similar forms of forced
labour are prohibited and any contravention
of this provision shall be an offence
punishable in accordance with law.
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ADDITIONAL STEPS

The United Nations Convention against
Transnational Organized Crime and its two
related protocols:
the United Nations Protocol to Prevent,
Suppress, and Punish Trafficking in Persons,
Especially Women and Children, and
the United Nations Protocol against the
Smuggling of Migrants by Land, Sea, and Air,
which entered into force in 2003-2004
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Rights violated through
trafficking
The Factories (Amendment) Act,1954
Prohibits employment of children below 17 at
night between 10 pm -7 am.
Declaration of the rights of a child,1959.


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Rights violated through
trafficking [CONTD]
The child labour (prohibition and
regulation)act,1986.
Equal remuneration act 1976.
Equal wages.
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NGOs FOR COUNTERING
HUMAN TRAFFICKING
Child In Domestic Work(CDW)
Pratham
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Child In Domestic Work(CDW)
Originally started as the National Domestic Workers
Movement in 1986 by Sis. Jeanne Devos.
Initially started with 8 domestic workers ,now spread across
18 states in India.
Works for all domestic workers ,both local and migrant and
children in domestic work.
OBJECTIVES: 1)Rescue ,Rehabilitate & Re-integrate victims
with their families.
2)Protecting the rights of Domestic workers, ensuring that
they live a life of dignity and enjoy justice.
3)Counselling,conducting awareness programs for their
wholesome development.
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Pratham Council For Vulnerable
Children(PCVC)
Born in 1994,spread across 21 states in India.
The idea was to reach out to the most vulnerable
children(Child labourers,ragpickers,street
children,etc) and withdraw them from their
exploitative conditions and ensure their proper
rehabilitation in family, school & society.
In 2013,they rescued nearly 5,000 children and
enrolled over 11,000 children in formal schools
across India.
MISSION: Every childs right protected, every child
in school & learning well.

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RESCUE OPERATION
PART I : Procedures for the Actual
Rescue Operation
1. Informant gives information to the
Responsible Authority
2. The Authority shares this information among
each other & with other responsible bodies.
They may seek assistance from other NGOs
or voluntary citizens.
3. Verification of the information provided
within 24 hours.

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RESCUE OPERATION PART - 1 [CONTD.]
4. Preparing a plan of action towards rescuing
children(Highly confidential)
5. Mapping of the area
6. Creation of a rescue Team
7. Orientation of all members involved in the
Rescue Op.
8. The actual rescue Operation proceeds.

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Rescue Op. [CONTD.]
PART II : Procedures during Period
of Interim Care ,Protection & Legal
Proceedings.

1. Medical Examination
2. Investigation & collection of evidence
3. Child in Interim Period & should be produced
before the CWC.
4. Preparation of Charge-sheet
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Rescue Op. [CONTD.]
PART III : Procedures for the
Repatriation of the Child
1. Assessment & Verification of the childs
background based on the information
provided.
2. Transport, Logistical & Financial Preparations.
3. Repatriation(Inter-state or Intra-state)

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Rescue Op [CONTD.]
PART IV : Procedures for Rehabilitation
& Social Integration Of the Child
1. Rehabilitation Plan
2. Preventive Measures
3. Assistance of NGOs & other public spirited
persons/organizations
4. Training and Capacity building for Duty
bearers

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Rescue Op. [CONTD.]
PART V : Miscellaneous Provisions
1. Presumption of the Childs age
o Provision of Section 49 of JJ Act shall apply and in case of
doubt, the benefit must always be construed in favor of
the child
Explanation: Medical examination to determine the age
of the child can be one of the ways to determine the age of
the child but not the only way as the competent authority (in
this case the Child Welfare Committee) is empowered to
determine the age of the child. The decision of the
Competent Authority shall be final


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RESCUE OPERATION PART V
[CONTD.]
2. Punishment for abetting an offence
o Abetment shall have the same meaning as
ascribed to it under Section 107 and 108 of the
Indian Penal Code, 1860 and the provisions shall
apply mutates mutandis to a child

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CASE STUDIES IN THE GLOBAL
CONTEXT
CASE STUDY OF AIR::
A Burmese child domestic worker abused by
foreign maid in Thailand.
Abducted on her seventh birthday; forced to
work as a housemaid without pay, suffering
daily beatings and torture.
Domestic workers have few rights in Thailand,
some are exploited, abused and even killed.
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CASE STUDIES IN THE GLOBAL
CONTEXT[CONTD.]
CASE STUDY OF ERWINIA SULISTYANINGSIH::
A female Migrant Domestic Worker who was
attacked by her Hong Kong Employers.
Erwinia was said to be in a critical condition when
she arrived at hospital
Domestic Workers in Hong Kong have very limited
rights
domestic workers can never apply for permanent
stay in Hong Kong no matter how long they have
worked in the country
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CASE STUDIES IN THE NATIONAL
CONTEXT
CASE STUDY OF RAJINA AND FATIMA::
Employed as domestic workers in Mahananda
nagar, Ujjain.
Faced poor working conditions and
exploitation by employers.
They were found in a distress condition on the
railway station after their escape, by the GRP.
Involvement of a congress leader, Noori Khan.
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CASE STUDIES IN THE NATIONAL
CONTEXT [CONTD.]
CASE STUDY OF PAROMITA,14 ::
Paromita was brought to Kolkata by an older
woman from her village at the tender age of
11 to work as a domestic worker.
Poorly paid and exploited psychologically.
Also has been a victim of physical, mental and
sexual abuse.
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CASE STUDY
A RAY OF HOPE::
Cyprian, 17, from Tanzania, has been a domestic
worker since he was eleven.
He could not go to school as his employer didn't
give him time off.
Got support through Anti-Slavery partners
Kuvulini
Now, a leader in his community helping other
child domestic workers to make changes in their
lives.
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DEVYANI KHOBRAGADE AND
SANGEETA RICHARDS
Indian diplomat accused of allegedly paying
lower than minimum wages to her help.
Also accused of engaging her in more hours of
work

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BIBLIOGRAPHY
http://www.ohchr.org/EN/ProfessionalInterest/Pages/ProtocolTraffickingInPersons
.aspx
http://www.polarisproject.org/human-trafficking/overview/why-trafficking-exists
http://www.invisibletraffick.org/causes-of-human-trafficking/
http://www.traffickinghope.org/faqstypesofht.php
http://www.humantraffickingsearch.net/typesoftrafficking.html
Ndwm.org/vulputate-portaraesent-semper-bibendum/
www.pcvc.org
http://www.mshrc.gov.in/WebFiles/HRActEng.pdf
http://www.cccindia.co/corecentre/Database/Docs/DocFiles/childrean_india.pdf
http://www.antislavery.org/includes/documents/cm_docs/2009/a/advocacyhandb
ookeng.pdf

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BIBLIOGRAPHY [contd]
http://nipccd.nic.in/reports/racl.pdf
http://shodhganga.inflibnet.ac.in/bitstream/10603/8530/16/16_chapter%
208.pdf
http://lawmin.nic.in/coi/coiason29july08.pdf
http://in.one.un.org/page/rights-for-domestic-workers
www.irrawaddy.org/burma/burmese-child-slave-puts-spotlight-abuse-
foreign-maids-thailand.html
Girls trafficked from Assam rescued from Mahananda Nagar - Free Press
Journal
freepressjournal.in

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