Tales of Abouse, Exploitation & Violence

                                                                                                                                                                                                                                                                                       Anumeha*

Blank eyes staring into space, a limb cut off for daring to escape, dumped in the closet or the toilet with no food and water, raped and brutalized for months, branded with hot iron, forced to eat from the garbage bin, set upon by the house dog for 'defiance'… the stories get more and more brutal. These are images, not from a horror movie, but actual tales of abuse in households, as average as yours and mine.

In India, live-in domestic help constitutes an invisible category of workers who have migrated or been trafficked from rural and tribal areas to towns and cities. According to official figures, more than four million children, women and girls from poverty-stricken homes are employed as domestic workers in private households. By their very nature of work place isolation, they are the most vulnerable to deprivations, long working hours and horrendous abuses, physical and sexual. They often work for 18 hours a day, seven days a week with remunerations far below the minimum wages. They are also subject to discrimination on grounds of religion, caste and ethnicity. The exploitation of this class revolves around a complex web of actors and circumstance, involving not only the employers but of touts and unregulated labour agents, mostly due to the absence of adequate policies, regulations or legislations.

Data released by the Ministry of Women and Child Development in February 2014, published in response to a question tabled in the Rajya Sabha, tracks reports of violence against domestic helpers between 2010 and 2012. Overall, in India's 28 states and 7 union territories, there were 3,564 cases of alleged violence against domestic workers reported in 2012, up slightly from 3,517 in 2011 and 3,422 in 2010.1

Articles about physical and sexual abuse of domestic workers have appeared regularly in newspapers over the years. They elicit a range of emotions from horror and outrage to shame, condemnation and disgust on the day they hit the headlines. However they are quickly forgotten until, of course, the next such news report stirs our collective consciousness.

An attempt has been made in this article to document a few cases of outrageous atrocities committed against this vulnerable section. The aim is to bring the extreme conditions of their work into focus, in order to create awareness in the hope that it will lead to statutory interventions, fair terms of employment, better wages and safe and decent working environment for this large workforce.

Saudi diplomat allegedly raped Nepali maids in India(September, 2015)

Residents of Delhi and Gurgaon woke up to newspaper headlines reporting the rape and other sexual offences committed against two maids from Nepal working in a diplomat's house at Gurgaon. These women were held in illegal confinement, starved, beaten up, tortured, sodomised and continuously raped by a Saudi Arabian diplomat, his family and friends over the last few months of reportage.

                                                                                                                                                                                                                                                                                                          [ 23 ]

The diplomat was booked under various sections of the Indian Penal Code. This case sent shockwaves through the country and drew their attention to the extent and limits of the immunity enjoyed by diplomats. Article 29 of the 1961 Vienna Convention on Diplomatic Relations specifies that "the person of a diplomatic agent shall be inviolable. He shall not be liable for any kind of arrest or detention…."Article 31 reaffirms again that diplomats "shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction.”2

The Saudi diplomat in this story simply moved out of this country in the face of outrage and public outcry. The question here is to what extent can this diplomatic immunity be exploited for an individual’s benefit, well beyond the conduct and requirement of international relations? Can this diplomatic immunity be absolute? Isn’t it time to revisit the clause on diplomatic immunity so that perpetrators of certain types of crimes in countries of their posting, as in this case, are not able to get away?

Tortured 14 year old domestic help rescued from the closet (October, 2015)

A 14 year-old girl was found unconscious in the closet of a businessman’s house in Gurgaon. The teenager was taking care of the businessman’s twins and belonged to Jharkhand. She had been brought to the businessman’s house by her uncle. It was reported that the girl was not only beaten up and attacked with a knife, but was also being starved by the family.

When the activists of an NGO reached the house with the police, in the first attempt they were not able to find anything amiss. In the second attempt after having received another call from a helpline, the girl was found in the almirah, unconscious. Her legs were swollen, she had bruises on her back and marks near her eyes. In her statement to the police, the girl narrated the brutal harassment suffered at the hands of her employers. She said that she would be beaten up every day, her head was repeatedly banged against wall, her hands were burnt and at times would be slashed with knife on the pretext that she was not nice to the children. A case was registered against the perpetrators and the National Commission for Scheduled Tribes had sent a notice to the Gurgaon police seeking answers.3

MP and his dentist wife arrested after maid allegedly tortured to death (November, 2013)

An MP belonging to Bahujan Samaj Party and his dentist wife, Jagriti had been arrested for allegedly torturing their maid to death and beating up another domestic help with rods and an electric iron.

The MP was booked for wiping out evidence and giving false information to save the offender. The body of the maid had injury marks on arms, legs and chest. The chargesheet had alleged that Jagriti had subjected her servants to constant torture and surveillance, would beat her maids mercilessly and did not permit them to visit their hometowns or to leave the flat, or even talk to their families.

During recording of evidence, one of the witnesses deposed that Jagriti was a “lady of very short temperament” and she had been assaulting him as well as the dead victim for years, sometimes even using

                                                                                                                                                                                                                                                                                                           [ 24 ]

hot iron bars, press and grilles. Other sadistic atrocities committed by Jagriti were spitting on the food of her helps and forcing them to eat from the floor like animals. They were even forced to forage for food in the dustbins.4 Right now Jagriti is in jail and the charges of abetment to murder against her husband have been dropped, but the trial court has ordered that charges for destruction of evidence be framed against him. He is currently out on bail.5

Teenagers tortured and starved in upscale Delhi neighbourhoods in three separate cases (Oct, 2013)

A 13 year old Manipuri girl was rescued from a flat in one of the upscale Delhi colonies. She was often beaten up with a belt, starved and not paid any money. Her employer, a stewardess with Air India, would often slam the girl’s head against the wall if she was found resting. The two women accused BiraThoibi and her sister Stella Noibi are currently in judicial custody.

In another news report, a 15 year old maid from Jharkhand working in an upscale apartment was rescued by an NGO and admitted to Safdurjung hospital with horrific marks of torture like knife injuries, bruises, dog bites and sores all over her body. She alleged that her employer Vandana Dhir, would keep her half naked to prevent her from running away and she had not been paid a single month’s salary since she was hired. It was alleged that the help was sometimes forced to drink the urine of her employer and made to eat and sleep in the toilet. The girl did not have clothes on, was badly wounded and had a fractured skull when she was found by her rescuers and her screams had alerted the neighbours, who in turn had called the police. Dhir was employed with a multinational company and is currently in judicial custody.

In another case reported from Dwarka, a 13-year-old girl employed by a doctor couple was rescued after having been locked up for 5 days in the house. The family had left for a six day trip to Bangkok and expressly forbidden her from eating any food except the “sanctioned” aata and namak. There was a CCTV installed in the house to monitor her movements. She was threatened that she would be beaten up if any item was found to be short on their return. The girl mustered courage one day and shouted for help from the balcony. Neighbours called the police, who had to get a fire engine to bring her down. The girl narrated her ordeal before the Child Welfare Committee that she was beaten up by the couple and hair pulled out which was confirmed by patches of uprooted hair on the scalp.6

Other Discriminations and Prejudices Faced by Domestic Workers

Though the practice of untouchability is prohibited by our Constitution, a large chunk of the Indian work force continues to be subjected to it. They are forbidden from touching certain objects in the households, such as idols of gods and goddesses, certain utensils, and rooms in the house where prayers are offered. In some instances domestic workers are not allowed to enter the house through the kitchen. Domestic workers have to go around the house in order to avoid entering through the kitchen.7 A study commissioned by the International Labour Organisation (ILO) documents many such acts of discrimination in Bangalore.

                                                                                                                                                                                                                                                                                                            [ 25 ]

The study reveals that while at work, domestic workers face severe problems even in attending to nature’s call as most employers will not allow them the use of their washrooms. Withholding of bladder for long hours can lead to serious urinary tract and bladder infections especially amongst women which may even affect their reproductive organs. This serious problem remains unvoiced and undiscussed even amongst the workers themselves as they are too embarrassed to mention such personal matters in public.

The study reveals that loss of any valuables in the house would invariably lead to accusing the domestic help and even calling the police. It also came to light during discussion with domestic workers that they were uncomfortable and hesitant in answering questions about sexual harassment at work places which routinely go unrevealed, unnoticed and hence unreported.

The discrimination faced by domestic workers also extends to the religion they practice. There are a number of Bangladeshi immigrants working in Delhi households but many of them have to conceal their religious identities by taking up Hindu names.

Exploitation and Abuse of Domestic Workers Abroad

Migration for employment to other countries especially the Middle East offers better opportunities but are fraught with risks, sometimes even life threatening. On the positive side, workers are able to send precious dollars home as remittances which not only help their families but also contribute to the economy of their host country. On the other hand, while doing so many of these workers, especially women domestic workers are pushed into forced labor and trafficking and subject to untold suffering, abuse, torture, physical, sexual and psychological violence. Given below are some of the experiences shared by such workers, gleaned from eyewitness accounts and interviews by the Human Rights Watch.

In Saudi Arabia, domestic workers comprise about a quarter of the eight million foreign workers, but embassies from the labor-sending countries report that abuses against domestic workers account for the vast majority of the complaints they receive. The July 2008, report of the Human Rights Watch documents horrific accounts of abuse and other problems suffered by migrant domestic workers from Asia, to the Kingdom. Firstly, these workers face several problems should they come into conflict with Saudi Arabia’s criminal justice system: they are denied access to their consulates and legal aid; slapped with spurious countercharges of theft or witchcraft in efforts to cover up mistreatment; or have to deal with the discriminatory and harsh morality laws that criminalizes mingling with unrelated men and engaging in consensual sexual relationships. Domestic workers who have been victims of rape or sexual harassment but cannot prove it in accordance with strict Sharia evidential standards may also be subject to prosecution for immoral conduct or adultery. Punishment for this range of crimes includes imprisonment, whippings, and in some cases, the death penalty.8

In a most disturbing incident of violence and abuse, reported on October 9, 2015, a middle aged Indian maid’s right hand was chopped off by her woman employer because she had tried to escape. Her Chennai-based family said that the woman’s spinal cord had been permanently injured as a result of the brutality. However, it is a pity that the Indian government lacks either the will or the mechanisms to help the victims of abuse. For instance in this case the family of the victim was pleading the government to secure them compensation from the accused family, and also help pay the victim’s medical expenses. While the family has not heard of any action or compensation, the foreign ministry spokesperson maintains that India would “continue to seek justice for the victim”.9

                                                                                                                                                                                                                                                                                                            [ 26 ]

In Kuwait, according to an article published in the Indian Express10, domestic workers from India, a majority of them from Andhra Pradesh, Tamil Nadu, Kerala and Telangana, face untold hardships. The Indian Embassy in Kuwait puts the numbers of female domestic workers from India employed in the country to over 90,000. A report by the Ministry of External Affairs (MEA) pointed out that domestic workers were exploited by employers by not paying/withholding wage arrears; denial of permission to visit their country in emergency situations, being forced to work additional hours and subjected to physical and mental abuse.

Several factors contribute to migrant domestic workers’ isolation, financial stress, and limited access to assistance. Domestic workers may see no way out of abusive situations. Because work permits are tied to the individual employer, leaving or losing one’s job typically means immediate repatriation. Many employers confiscate their domestic workers’ passports and work permits, meaning women and girls fleeing abusive situations can face arrest and immigration detention. Employers held the passports of every domestic worker that was interviewed by the Human Watch team, and in many cases refused to produce them even after interventions by Saudi authorities or embassy officials. Some employers also restrict domestic workers from making or receiving phone calls, talking to neighbors, or leaving the place of employment independently. The majority of domestic workers interviewed by Human Rights Watch reported that if their employers were not at home, they were locked in the workplace from the outside; several reported being locked in bedrooms or bathrooms for days at a time.11

Exploitation of Child Domestic Workers

According to a study conducted by the National Commission for the Protection of Child Rights on child abuse in India in 2007, almost a quarter of all working children were domestic workers and over 8 out of 10 were girls. One in five of these children were as young as ten to twelve years. Another study by two Delhi-based NGOs — Save the Children and Butterflies — (Rani and Roy (eds), 2005) stated that 90 per cent of child domestic workers were living with their employers, of which 22 per cent were from the posh South Delhi. Parents of 29 per cent had signed a contract with the agents who had brought them to Delhi.12 Obviously the fact is that despite the existence of legislative frameworks such as The Child Labour (Prevention and Regulation) Act 1986, children continue to be exploited.

As more and more cases of abuse of children in domestic work were publicized, the Juvenile Justice Act, 1986 was replaced by the Juvenile Justice (Care and Protection of Children) Act, 2000 (JJA). In accordance with the UN Convention on the Rights of the Child 1989, the new Act provides for the protection, treatment and rehabilitation of children up to the age of eighteen. Article 29 of it provides for the constitution of district-level Child Welfare Committees (CWCs) that have quasi-judicial authority to dispose of cases of violation of children’s rights as well as to provide for the basic needs of victims. According to Ms Bharati Sharma of Shakti Shalini, a child activist who was the first President of one of the CWCs that were constituted in Delhi in 2003, there are sufficient institutional mechanisms to carry out the orders of the CWC for the benefit of the child.13

However, they have no powers to prosecute exploitative or abusive agents or employers. In her opinion the Immoral Traffic Prevention Act (ITPA) should be amended to allow prosecution of agents supplying child 

labour. This critique may have been addressed in light of the Criminal Law Amendment Act (2013), which includes sentences of ten years to life in prison for any person who is found guilty of trafficking a minor for physical exploitation, sexual exploitation, slavery, any practices similar to slavery, servitude, or forced organ removal. However strong the case may be, agencies and employers are often able to influence the police and move things in their favour. Hence, despite the introduction of strict criminal penalties for violators, the implementation of the law ought to be made more stringent to overcome the existing impunity of employers and agents who violate child rights.14

Conclusion: Need for Action

For the small number of cases of violence against domestic workers that do get reported, many times more go undetected, and hence undocumented. The reasons are varied. These girls cannot communicate effectively due to their alien environment/ language, lack of a support system, restricted freedom of movement, no awareness of their rights or means to seek redress. These reasons underscore the pressing need for the government to enact a specific central legislation or formulate a legal framework to protect this vulnerable and unorganized sector. It needs to prescribe statutory guidelines and impose criminal penalties for abuse, set up institutions where they can receive redress and widely publicize cases to raise greater awareness.

We as citizens must also ask ourselves why we can’t share dining tables or utensils with our domestic workers when we do not mind our pets ‘sleeping’ on the same bed with us. Recently, there was a picture circulating in the social media of a high profile woman activist and a former minister seated in a restaurant with guests and the baby minder (a young girl) of her grand-child deferentially standing behind. What kind of mindset permits such inhuman behaviour? There will be one day, one hopes, when common scenes like these, which the young domestic servants accept as a norm, would disturb all of us dining in that restaurant.

*Anumeha is a Senior Research Analyst at Common Cause.

DOMESTIC WORKERS: SOME USEFUL LINKS

Volume: Vol. XXXV No. 2
April-June,2016