The Peninsula Foundation

Author: Anjana Sreelakshmi

  • Distress Migration: A case study of KBK districts in Odisha

    Distress Migration: A case study of KBK districts in Odisha

    The former districts of Koraput, Balangir and Kalahandi, also known as KBK districts, were reorganised into 8 districts of Koraput, Malkangiri, Nabarangpur, Rayagada, Balangir, Subarnapur, Kalahandi and Nuapada in 1992. These districts form the South-West part of Odisha comprising the great Deccan Plateau and the Eastern Ghats. These highland districts highly rich in mineral resources, flora and fauna remain as one of the most backward regions in Odisha

    Among the different forms of migration, distressed migrants remain the most impoverished and unrecognised. These migrants form the lowest strata of the society; disadvantaged by caste, poverty and structural inequalities. In Odisha, the underdeveloped region of KBK is one among the main sources of distressed migrants. They move to cities in search of employment and better wages, while in cities they are even more disadvantaged due to social, economic and linguistic barriers. Administrative and political apathy over their issues has only enhanced their distress.

    This paper attempts to address three questions:

    1. What are the characteristics of distressed migrants in KBK district, Odisha?
    2. What are the existing policies of the state to curb this form of migration?
    3. What form of government intervention is required to address this distress?

    The analysis is carried out through a review of published articles, government reports, e-books and newspaper reports.

    Defining distress migration

    Migration is a multifaceted concept driven by diverse factors. Migration can be internal or international, voluntary or involuntary, temporary or permanent. Depending on the pattern and choice of migration, each migratory trend could be characterised into different forms. Distress migration is one such form of migration.

    Involuntary migration is often associated with displacement out of conflict, environmental distress, climatic change etc. That is any sudden threat or event forces people to migrate. However, involuntary migration may also arise out of socio-economic factors such as poverty, food insecurity, lack of employment opportunities, unequal distribution of resources etc. This component of involuntary migration is addressed by the concept of distress migration (Avis, 2017).

    To understand distressed rural-urban migration in India, the broad definition used by Mander and Sahgal (2010) in their analysis of rural-urban migration in Delhi can be employed. They have discussed distress migration as:

    “Such movement from one’s usual place of residence which is undertaken in conditions where the individual and/or the family perceive that there are no options open to them to survive with dignity, except to migrate. Such distress is usually associated with extreme paucity of alternate economic options, and natural calamities such as floods and drought. But there may also be acute forms of social distress which also spur migration, such as fear of violence and discrimination which is embedded in patriarchy, caste discrimination, and ethnic and religious communal violence” ( Mander and Sahgal, 2010)

    In brief, the definition states that distress migration is caused by an array of issues. Environmental disasters, economic deprivation, gender or social oppression, lack of alternate employment opportunities and inability to survive with dignity are mentioned as the main drivers of distress migration (Avis, 2017).

    Thus, distress migration is a form of temporary migration driven by environmental and socio-economic factors and not based on an informed or voluntary choice.

    Profile of KBK districts

    The former districts of Koraput, Balangir and Kalahandi, also known as the KBK districts, were reorganised into 8 districts of Koraput, Malkangiri, Nabarangpur, Rayagada, Balangir, Subarnapur, Kalahandi and Nuapada in 1992. These districts form the South-West part of Odisha comprising the great Deccan Plateau and the Eastern Ghats. These highland districts highly rich in mineral resources, flora and fauna remain as one of the most backward regions in Odisha. The region is termed backward on account of rural backwardness, high poverty rates, low literacy rates, underdeveloped agriculture and poor development of infrastructure and transportation (Directorate of Economics and Statistics, 2021).

    The districts are home to primitive tribal communities such as Gonds, Koyas, Kotias etc. dependent on forest produce and subsistence agriculture for a living. KBK region registered a workforce participation rate of 48.06 % in the 2011 census. There was a significant occupation change noticed from the 2011 census.  The region witnessed a fall in cultivators from 33% in 2001 to 26.7% in 2011. However, the fall in cultivators was compensated with an increase in agricultural labourers from 44.24 % in 2001 to 48.87% in 2011. Employment in household industries also witnessed a downfall between the period of 2001 to 2011 (Sethy, 2020).

    The rise in agricultural labourers has a negative impact on the communities. As agriculture is underdeveloped owing to the arid nature of the region, crop failure, extreme calamities, low net irrigated area and falling government expenditure, these workers are pushed into abject poverty. In search of alternate employment options, these workers migrate to other areas of employment in rural or urban pockets. Such a form of seasonal migration during the lean period in agriculture is a predominant phenomenon in these districts. Their dependence on non-timber forest produce is hindered by the rapid deterioration and deforestation of forests for development projects and mining.

    Characteristics of distressed migrants in KBK region

    1. Who Are These Distressed Migrants?

    In the KBK region, distress migration has been a popular coping strategy during lean periods of agriculture. And this strategy is majorly adapted by disadvantaged and marginalised sections of the region. They are disadvantaged by caste, chronic poverty, landlessness, low levels of literacy and skills, increased dependence on forest and agriculture and debt-ridden (Meher, 2017; Mishra D.K., 2011; Tripathy, 2015, 2021).

    1. Why Do They Migrate

    Distressed migration in the region is induced by many interlinked factors. One such factor is that the region is highly under-developed in terms of social and economic infrastructure. Such under-development puts the communities at a disadvantage with low levels of literacy and skills. Their dependence on agriculture and forest produce for livelihood rises. However, agriculture is under-developed and forests are subjected to high levels of deforestation. With low levels of income, crop failure and non-availability of alternate employment opportunities, the communities are subjected to absolute levels of poverty, food and employment insecurities (Kujur, 2019).

    Landlessness is also identified as one significant push factor. As the region is highly dominated by tribal communities, they are more attached to and dependent on the forest cover. Globalisation and industrialisation resulted in deforestation and encroachment of farmlands for industrial and mining purposes. Eventually, a major proportion of land remains with a smaller group of wealthy people (Mishra D.K., 2011).   Relocation and involuntary displacement also result in the loss of their livelihood that is dependent on the local environment (Jaysawal & Saha, 2016).

    With falling income, people approach local moneylenders to meet their basic sustenance needs. With low incomes from agriculture and forest produce, families approach these informal creditors to meet emergency needs like marriage, birth and death rituals or medical treatment as well as to meet basic consumption needs with the expectation of cash flow from labour contractors during the lean season. Moneylenders exploit them by charging higher interest rates. Thus, the non-availability of formal credit facilities pushes them into a debt trap and further to adopt migration (KARMI, 2014; Mishra D.K., 2016).

    The region is also subject to extreme calamities and drought. Small and marginal farmers, poor in income and land, choose to migrate as they are unable to cope with the regular droughts and climate change. A study on historical analysis of the effect of climate on migration in Western Odisha mentions that the migratory trend saw a rise after the mega drought in 1965. Up until then, large-scale migration from the region was not a phenomenon (Panda, 2017).

     

    1. Channel of Migration

    Sardars provide an advance amount and in exchange, the debtor or any family member agrees to work for them for a stipulated period, usually six months. Hence, there exists a form of debt bondage. Large-scale family migration through this system is seen in the KBK region. The major stream of such bonded labour migration is witnessed towards brick kilns in Andhra Pradesh

    In the region, seasonal migration occurs through the channels of agents, locally known as Sardars, on a contractual basis. This form of migration is known as Dadan labour migration. The poor migrant labourers are known as Dadan and they are recruited by Sardars, who are usually local people who are familiar with residents in the region (KARMI, 2014). During the period of Nukhai, they go around the villages and contact prospective labourers. These Sardars are the intermediary between the employer and the migrant labourer. Sardars provide an advance amount and in exchange, the debtor or any family member agrees to work for them for a stipulated period, usually six months. Hence, there exists a form of debt bondage. Large-scale family migration through this system is seen in the KBK region. The major stream of such bonded labour migration is witnessed towards brick kilns in Andhra Pradesh. They are also a major source of labour in the areas of construction, handlooms and other forms of informal sector work across South India (Daniels, 2014). The problems they face in the destination are manifold. They are subjected to poor working conditions, poor housing and sanitation facilities and limited access to education and health facilities. They are recognised as cheap labour with limited bargaining power owing to their social, cultural and linguistic exclusion in the destination state. Upon entering the contract their freedom to move and freedom to express is denied (Acharya, 2020).

    1. Pull Factors to Migrate

    The hope of availability of better job opportunities and wages is the main pull factor. However, upon the analysis of the nature of migration, push factors have a higher weightage in inducing such distress migration. Migration to brick kilns and other informal sectors from the KBK region can be termed as distress migration as in this case, distress is caused mainly by socioeconomic factors. It is not an informed or voluntary choice. Debt migration remains the only coping strategy that they could adopt.

    Government intervention to curb such distress

    1. Policies Addressing Debt-Bondage Migration:

    The first attempt of the state government to address Dadan migration or debt migration is the enactment of the Dadan Labour (Control and Regulation) Act (ORLA) in 1975. The act had provisions for the registration of labourers and agents, ensuring compliance of minimum wages and favourable working conditions and appointing inspection officers and dispute redressal committees (Daniels, 2014).  However, the act remained on paper and no evidence of enactment was published until it was repealed in 1979 upon the enactment of the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Nanda, 2017).

    The ISMW act has been criticised to be inadequate and failing to regulate and facilitate safe migration. According to the act, only those interstate migrant workmen who are recruited by licensed agents come under the ambit of the act. However, most agents involved in Dadan migration are not licensed and hence, these workers cannot avail of any of the provisions of the act (Singh, 2020). Though registration of labour contractors is mandatory in the origin state, there is no information about the names of these contractors and hence, further monitoring of the migration process is avoided (NCABL, 2016). Lack of adequate enforcement, under-staffing and poor infrastructure are identified as the reasons for poor implementation of the act in the state (Daniels, 2014).

    A positive attempt against distress migration was the Memorandum of Undertaking (MoU) initiated between the labour department of Odisha and Andhra Pradesh to ensure labour welfare measures of migrant workers in Brick Kilns. After the MoU, the state of undivided Andhra Pradesh took up various progressive measures in education, health, housing and PDS for migrant workers in Brick Kilns. ILO necessitated the need for states to enter into inter-state MoUs to effectively address the bonded labour migration. However, no further MoU was signed with other states like Tamil Nadu, Chhattisgarh etc. which are also among the major host states for migrants from the region (NCABL, 2016).

    The Bonded Labour System (Abolition) Act enacted in 1976 governs the provisions for identification, rescue and rehabilitation of bonded labourers across the country. The act has its loopholes in implementation. There is no information on whether vigilance committees have been set up in every district or whether the surveys have been periodically conducted or to what extent the act has been functioning in the state (Post News Network, 2019). The centrally sponsored scheme for Rehabilitation of Bonded Labour also has its setbacks. There have been reported cases of delay and denial of financial aid by district officials ( Mishra .S., 2016). In 2016, with restructuring and revamping of the Rehabilitation scheme, rescued workers could only avail the full amount of financial aid with the prosecution of the accused employers. With no database on the employer, the rates of prosecution have been low and the rescued bonded labour do not receive their funds (NACBL, 2016)

    1.  Ensuring Accessibility of Health Facilities in Destination

    The Rashtriya Swasthya Bima Yojana or RSBY launched by the central government in 2008 provides health insurance to BPL families. The scheme incorporates provisions to split smart cards so those migrant workers could avail health insurance in destination states. After signing of the MoU between Andhra Pradesh and Odisha, the two states took steps to spreading awareness among the migrant workers about how to use the smart cards (Inter-State Migrant Workman Act (ISMW), Labour Directorate, n.d.)

    1. Ensuring Education of Migrant Workers Children

    The state of Odisha has established seasonal hostels to ensure the education of children of migrant workers.  The children are enrolled in seasonal hostels during October-June, that is until their parents return home (Odisha Primary Education Programme Authority, n.d.).  The state has ensured the education of migrant children at their destination state by sending Odiya textbooks and Odiya teachers to residential schools in Andhra Pradesh (Inter-State Migrant Workman Act (ISMW), Labour Directorate, n.d.).

    1. Alternate Employment Opportunities: MGNREGA

    Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) was introduced in 2006 to provide guaranteed employment to rural poor with the objective of uplifting them from poverty and restricting distress migration.  A study analysing the performance of MGNREGA through secondary sources of data suggests that based on physical criteria of 100 Days of Wage Employment, Person-days generated, ST and Women person-days and financial performance in terms of total expenditure, total wages, average cost and average wage rate per day person, the performance of MGNREGA in KBK districts is better compared to Non- KBK districts.  But the region is lagging in rural employability criteria based on average days of employment provided per household and job cards issued (Sahoo et al., 2018).  Labour in the region is not interested to work under MGNREGA due to its dismal implementation in the state. Workers complain about the delay in receiving payments and instances of the creation of non-existent workers’ names among MGNREGA’s beneficiaries (KARMI, 2014).  Uncertain and low wages make these labourers favour migration to Brick Kilns in hope of better wages (Deep, 2018).

    1. Development Policies in KBK Region

    The KBK region has a high incidence of poverty owing to regional disparities in development and social exclusion based on caste. The main initiatives implemented by the state government for the upliftment of the KBK region are the Special Area Development Programme, Revised Long Term Action Plan (RLTAP), Biju KBK Plan, Backward Regions Grants Fund, Gopabandhu Gramin Yojana (GGY), Special Central Assistance (SCA) for tribal sub-plan (TSP) areas, Western Odisha Development Council (WODC) and Grants under Article 275(1) of the Constitution. Development projects to reduce poverty and regional disparities are obstructed by economic, social and institutional factors (Mishra, 2020).

     

    The state of Odisha has done positive interventions in the education of migrant children and health facilities of the migrant population. However, the distress migration is still prevalent owing to the social and economic exclusion and debt bondage situations in the region. Land grabbing in the name of development left the tribal communities poor and in distress. Structural inequalities induced by caste discrimination are enhanced with such landlessness.

     

     

     

    Policy Recommendations

    The state of Odisha has done positive interventions in the education of migrant children and health facilities of the migrant population. However, the distress migration is still prevalent owing to the social and economic exclusion and debt bondage situations in the region. Several initiatives and schemes have been enacted to address distress migration; however, their failure in reducing distress can be linked to dismal governance, poor implementation and misappropriation of schemes.

    The state must ensure migration to be safe and a viable coping strategy. From this study it is suggested the state of Odisha follow a multipronged approach to address the distress.

    Origin state (Odisha) interventions

    •         Short Term Interventions:
    1. The system of debt bondage should be completely abolished by the proper implementation of legislation. Different loopholes in implementation such as the delay in the release of funds, prosecution of accused and identification and registration of middlemen should be addressed. Apart from the financial aid, the state should intervene in providing a comprehensive livelihood plan for the rescued labourers. Abolishing the bonded labour system is essential to reduce distress and make migration safe.
    2. Informal sources of credit should be eliminated and formal credit and microfinance facilities should be made available. Such facilities would reduce the exploitation and prevent the creation of absurd debt. Formal credit provides opportunities for small and marginal farmers to indulge in productive investments. This enables them to cope with extreme climatic changes.
    3. Land grabbing in the name of development left the tribal communities poor and in distress. Structural inequalities induced by caste discrimination are enhanced with such landlessness. The provision of land ownership enables the communities to enjoy land-based benefits which further supports them to sustain their livelihood. Ownership of land also provides the indigenous community with a sense of social and economic significance.
    •         Long term interventions
    1. The state should engage in enhancing the skills of the people in the region. Vocational skill training and development schemes can be introduced. This could expand the opportunities available for employment and distribute labour across all the economic sectors.
    2. Rural development should be given higher priority. The state of Odisha has already initiated many schemes for the development of the KBK region. However, the state should study the economic and social factors that stagnate the process of development in the region. Chronic poverty, poor infrastructural and rural connectivity and dismal education and health facilities are some of the important areas that require attention.

    Host state intervention

    1.   The host state needs to create a database of migrants entering their state. A statistically significant database on migrants solves a huge array of issues faced by the migrant in the destination state. A comprehensive database helps in identifying and recognising migrants. It also allows for understanding the different characteristics of migrants and the sectors in which they are employed. This would be beneficial for monitoring and ensuring safe and favourable working conditions. A database also helps in ensuring the availability and accessibility of social security and entitlements in host states.

     

    1.   Migrant labour is as important to the destination state as it is to the origin state. Both origin and host state should cooperate towards making migration a viable livelihood strategy.

    Another important area where both the origin and host state should intervene together is creating awareness among workers about the existing provisions and rights available to them. Access to the same should be made easy.

    Conclusion

    The highly backward districts of the KBK region remain a major source of distressed migrants. Years of state initiative in reducing distress have had negligible impact. The area remains underdeveloped and migration is the only viable choice of employment. Migration can only be a viable coping strategy for seasonal migrants when the channel of migration is made legal and safe. The major drawback in any initiative attempted to resolve distress is the poor implementation. Administrative apathy, corruption and misappropriation of schemes have stagnated the progress of every initiative.

     

    References

    1. Acharya, A. K. (2020). Caste-based migration and exposure to abuse and exploitation: Dadan labour migration in India. Contemporary Social Science, 1-13.
    2. Avis, W. R. (2017). Scoping study on defining and measuring distress migration.
    3. Bhatta Mishra, R. (2020). Distress migration and employment in indigenous Odisha, India: Evidence from migrant-sending households. World Development, 136, 105047.
    4. Daniels, U. (2014). Analytical review of the market, state and civil society response to seasonal migration from Odisha. Studies, stories and a canvas seasonal labour migration and migrant workers from Odisha, 106-115.
    5. Deep, S. S. Seasonal Migration and Exclusion: Educational Experiences of children in Brick Kilns. Ideas, Peoples and Inclusive Education in India. National Coalition for Education, India. 2018.
    6. Directorate of Economics and Statistics (2021). Odisha Economic Survey 2020-21. Planning and Convergence Department. Government of Odisha. http://www.desOdisha.nic.in/pdf/Odisha%20Economic%20Survey%202020-21-1.pdf
    7. Giri, J. (2009). Migration in Koraput: “In Search of a Less Grim Set of Possibilities” A Study in Four Blocks of tribal-dominated Koraput District, Odisha. Society for Promoting Rural Education and Development, Odisha, 1.
    8. Inter-State Migrant Workman Act (ISMW) | Labour Directorate. (n.d.). Labour Directorate, Government of Odisha. Retrieved August 10, 2021, from https://labdirodisha.gov.in/?q=node/63%27%3B.
    9. Jaysawal, N., & Saha, S. (2018). Impact of displacement on livelihood: a case study of Odisha. Community Development Journal, 53(1), 136-154.j
    10. Jena, M. (2018, July 21). Distress migration: land ownership can put a break. The Pioneer. https://www.dailypioneer.com/2018/state-editions/distress-migration-land-ownership-can-put-a-break.html
    11. KARMI. (2014). Migration Study Report of Golamunda Block of Kalahandi District of Odisha. Pp.13. Kalahandi Organisation of AgKriculture and Rural Marketing Initiative (KARMI), Kalahandi Odisha.
    12. Kujur, R. (2019). Underdevelopment and patterns of labour migration: a reflection from Bolangir district, Odisha. research journal of social sciences, 10(1).
    13. Mahapatra, S. K., & Patra, C. (2020). Effect of migration on agricultural growth & development of KBK District of Odisha: A statistical assessment. Journal of Pharmacognosy and Phytochemistry, Sp, 9(2), 162-167.
    14. Mander, H., & Sahgal, G. (2010). Internal migration in India: distress and opportunities, a study of internal migrants to vulnerable occupations in Delhi.
    15. Meher, S. K. (2017). Distress seasonal migration in rural Odisha A case study of Nuapada District.
    16. Mishra, D. K. (2011, April). Behind dispossession: State, land grabbing and agrarian change in rural Odisha. In International conference on global land grabbing(Vol. 6, No. 8).
    17. Mishra, D. K. (2016). Seasonal migration from Odisha: a view from the field. Internal migration in contemporary India, 263-290.
    18. Mishra, S. (2016, January 13). Rescued migrant workers get raw deal from Govt. The Pioneer. https://www.dailypioneer.com/2016/state-editions/rescued-migrant-workers-get-raw-deal-from-govt.html
    19. Mishra, S. (2020). Regional Disparities in Odisha–A Study of the Undivided “Kbk” Districts. Research Journal of Humanities and Social Sciences, 11(4), 261-266.
    20. Nanda, S. K. (2017). Labour scenario in Odisha. Odisha Review, 73(10), 20-25.
    21. NCABL. (2016). Joint Stakeholders’ Report on Situation of Bonded Labour in India for Submission to United Nations Universal Periodic Review III. NATIONAL COALITION FOR ABOLITION OF BONDED LABOUR (NCABL), Bhubaneswar Odisha.
    22. Panda, A. (2017). Climate change, drought and vulnerability: A historical narrative approach to migration from Western Odisha, India. In Climate Change, Vulnerability and Migration(pp. 193-211). Routledge India.
    23. Post News Network. (2019, April 30). Elimination of bonded labour calls for cohesive action plan. Odisha News, Odisha Latest News, Odisha Daily – OdishaPOST. https://www.Odishapost.com/elimination-of-bonded-labour-calls-for-cohesive-action-plan/
    24. Sahoo, M., Pradhan, L., & Mishra, S. (2018). MGNREGA and Labour Employability-A Comparative Analysis of KBK and Non-KBK Regions of Odisha, India. Indian Journal of Economics and Development, 6(9), 1-8.
    25. Sethy, P. (2020). Changing Occupational Structure of Workers in KBK Districts of Odisha. Center for Development Economic, 6(06), 17-28.
    26. Singh, V. K. (2020, April 22). Opinion | The ‘nowhere people’ of COVID-19 need better legal safeguards. The Hindu. https://www.thehindu.com/news/national/other-states/the-nowhere-people-of-covid-19-need-better-legal-safeguards/article31400344.ece
    27. Tripathy, S. N. (2015). Evaluating the role of micro-finance in mitigating the problems of distress out-migrants: A study in KBK districts of Odisha. The Micro Finance Review, Journal of the Centre for Micro Finance Research.
    28. Tripathy, S. N. (2021). Distress Migration Among Ultra-poor Households in Western Odisha. Journal of Land and Rural Studies, 23210249211001975.

     

    Feature Image: Tata Trusts

  • Bonded Labour in India: Prevalent, Yet Overlooked

    Bonded Labour in India: Prevalent, Yet Overlooked

    In 1976, India stood out as the first country in South Asia to enact legislation prohibiting bonded labour. However, the system has not been uprooted owing to the different barriers posed by socio-cultural norms and administrative and legislative incompetency. The country’s most vulnerable and disadvantaged sections of society are at risk of being trapped into such a form of modern slavery. The prevalence of this system over the decades necessitates the need to understand the root causes of the emergence of such bonded labour situations and why it is still prevalent in the country.

    Bonded labour in India

    The Bonded Labour System Abolition Act (1976) defines a bonded labour system as a relationship evolved out of a debtor-creditor agreement. It is identified as a form of forced labour where the debtor comes into an agreement, oral or written, with the creditor and receives a loan amount in exchange for his labour or that of his family members. The obligation need not just be an economic consideration such as a loan or an advance amount received from the creditor. People also become bonded with social, customary, hereditary or caste obligations and often agree to enter service with no wages or for nominal wages. The labourer finds it difficult to settle the debt amount as the provided wages are too low even to meet their basic sustenance needs. Eventually, they end up in the same form of labour again and again. Thus their choice to join such a system is out of distress or coercion to some extent. They may also be restricted from switching to another job or to ask for the provision of minimum wages given the conditions of the contract and the lack of awareness of their rights.

    Indebtedness is identified as a major trigger for people to join as bonded labour, especially migrants from poor rural households. However, the need for money arises out of the existing disadvantages in society that these communities are subjected to. Caste, unequal distribution of resources, increased dependence on agriculture, low levels of education and food insecurity pushes them into such unfree labour choices.

    We can identify that this system was prevalent in the country from the pre-colonial era characterised by class hierarchies. Such class hierarchies and high caste exploitations are continuing to function even in this democratic era and consequently, has pushed certain groups of the society to be economically weaker; weak in terms of assets, income and bargaining power. Globalisation and industrialisation have only resulted in the further exclusion of such groups of labour from mainstream jobs.  Indebtedness is identified as a major trigger for people to join as bonded labour, especially migrants from poor rural households. However, the need for money arises out of the existing disadvantages in society that these communities are subjected to. Caste, unequal distribution of resources, increased dependence on agriculture, low levels of education and food insecurity pushes them into such unfree labour choices. Owing to these social and economic factors, marginalised communities in the lower strata of the society, especially the women and children, are trapped in such a system.

    Over the years, the system of bonded labour has existed and evolved under different names and forms across India. Bonded labour arising out of traditionally accustomed social relations is one of the oldest forms and is still prevalent in the country. For example, the system of “jajamani” wherein the workers receive food grains in exchange for working as barbers and washermen for the upper caste. Labourers in agriculture, seasonal inter and intrastate migrants and child labour in informal sectors of brick kiln, rice mills, quarries, domestic work etc. are the other areas where debt bondage is currently more persistent. There has been a considerable shift from traditional debt bondage relation to aneo-bondage labour system among migrant workers. The former was characterised by an element of patronage amongst the considerable amount of exploitation. However the latter is at a higher tone of exploitation and eliminates patronage relations. This has made employers deny the responsibility of employee’s welfare and the labourers have lost the minimum livelihood security which they had secured under the patronage system. The neo-bondage system is further manipulated by the role of intermediaries.

    Thus, with structural transformation in the economy, the system of bonded labour has evolved into a much worse form of exploitation in the country and specifically marginal and backward communities are the main victims of this system.

    Interventions to abolish bonded labour

    Upon identifying the prevalence and exploitation of bonded labour in the pre-independence era, constitutional provisions prohibiting forced labour were assigned under Article 23. Under the Directive Principle of State Policy, Article 42 and 43 ensured fair and humane working conditions and living wages to workers.

    Post-independence, legislation against bonded labour was enacted at a regional level.  Orissa, Rajasthan and Kerala were the first states to enact state legislation against bonded labour.  In 1954, India ratified the International labour organization (ILO) Convention on forced labour (C029). Despite the constitutional provisions, regional and international interventions in bonded labour, construction and implementation of a uniform law took time.

    In 1976, the Bonded Labour System (Abolition) Act was enacted to abolish any form of bonded labour system arising out of debt, customary or hierarchical obligations. In brief, the act has identified and defined bonded labour, provided for extinguishment of past or existing debt, established duties of district magistrate in implementing the provisions of the act, sanctioned the state governments to form a vigilance committee in each district to guide and ensure competent implementation of the act by the magistrate and stated the penal actions against those compelling people into bonded labour. The act was amended in 1985 to bring contract and migrant workers under its ambit.

    In 1978, a new centrally sponsored scheme for Rehabilitation of Bonded Labour was enacted to provide financial assistance to the state government for rehabilitating rescued bonded labourers, to conduct surveys, evaluation studies and awareness campaigns across districts. In 2016, the government restructured the scheme. The restructuring involved an increase in the provision of funds to bonded labour for rehabilitation and to states for conducting surveys. Under the restructured scheme, rescued bonded labour is only provided with the full amount of financial assistance after the conviction of the accused and a Bonded Labour Rehabilitation Fund corpus was to be created at every district.

    The interplay of caste-based exploitation and subsequent impoverishment in terms of resources and assets combined with underdeveloped rural areas devoid of standard education, health and employment opportunities push marginalised people into bonded labour.

    Why and how does the system still sustain?

    Many factors contributing to the prevalence of bonded labour continue to prevail despite after years of legislative action to abolish the same. The interplay of caste-based exploitation and subsequent impoverishment in terms of resources and assets combined with underdeveloped rural areas devoid of standard education, health and employment opportunities push marginalised people into bonded labour. Such an environment accompanied by the inept implementation of legislations and schemes further aids in sustaining bonded labour systems.

    BLS(A) act 1976 failed to be effectively implemented owing to apathy, corruption, lack of administrative and political will. The vigilance committees were often defunct and working for the employer. The act was criticised on the grounds that it stated only mediocre and minor punitive actions and the rates of prosecution were also low. Moreover, some states remain in denial of accepting the existence of bonded labour. This indifference results in the loss of comprehensive data on bonded labour hindering the further implementation of provisions of the act.

    The Central Sector Scheme for Rehabilitation of Bonded Labour also has its loopholes. After the restructuring of the scheme, financial aid is provided only after the accused is convicted and convictions are rare owing to poor implementation of the BLS(A) Act and the absence of a review of cases. Thus, in most cases the rescued labourers do not receive the full financial aid they are entitled to immediately after the rescue. Often, it takes years to receive the full amount or may not even receive any.

    The situation is even grave as the rescued labourers have asymmetric knowledge of the rights and entitlements they can avail themselves of. Even when they are fully aware, most of them lack the will to attain these entitlements due to the dismal behaviour of officials and delayed processes.

    Moving towards Abolishment

    First and foremost, recognition and acceptance of the prevalence of bonded labour should be ensured. Only then the bonded labourers could be identified, rescued and rehabilitated effectively. The collection of comprehensive data is essential for further implementation of the provisions of the legislation. Also apart from the vigilance committee, a new committee composed of the magistrate, members of the marginalised communities, NGO’s and other civil bodies working in the field would enable to get a more comprehensive view of the issues in the sector.

    From a long term perspective, there is a need to address the caste induced structural inequalities. One way through which this could be attained is through land redistribution.

    Mere financial aid is not sufficient for the rescued labourers to foster a livelihood plan. The Human rights law network suggests the same and recommends a comprehensive rehabilitation package providing for education and job security.

    From a long term perspective, there is a need to address the caste induced structural inequalities. One way through which this could be attained is through land redistribution. Apart from this, the government should also focus on skill development and training of rural poor, especially migrants caught up in bonded labour. Varied skills can enhance their employment opportunities and provide more freedom to move towards other areas of work.

     

     

    References

    1. B.L.S., A. (2020, June 30). Telangana: Two Years After Rescue From Bonded Labour, 12 Tribals Receive Compensation. The Wire. https://thewire.in/rights/telangana-bonded-labour-rescue-tribals-compensation
    2. Breman, J. (2010). Neo-bondage: A fieldwork-based account. International Labor and Working-Class History, 78(1), 48-62. https://www.jstor.org/stable/40931303
    3. Gabra, L. (2021, March 21). Will Bonded Labor in India Ever Come To An End? BORGEN. https://www.borgenmagazine.com/bonded-labor-in-india/
    4. Human Rights Law Network. (n.d.). Release and Rehabilitation of Bonded Labour — HRLN. Human Rights Law Network (HRLN). Retrieved August 15, 2021, from https://hrln.org/initiative/release-and-rehabilitation-of-bonded-labour
    5. Human Rights Watch. (n.d.). Small Change. Human Rights Watch (HRW). Retrieved August 6, 2021, from https://www.hrw.org/reports/2003/india/India0103-05.htm
    6. J, S. (2019, September 15). Rescue of bonded labourers up, convictions rare. Times of India Blog. https://timesofindia.indiatimes.com/blogs/tracking-indian-communities/rescue-of-bonded-labourers-up-convictions-rare/
    7. Khan, J. A. (2019, April 30). How effective are the Policies for Rehabilitations of Bonded Labour in India? CBGA India. https://www.cbgaindia.org/blog/effective-policies-rehabilitations-bonded-labour-india/
    8. Mantri, G., & Suresh, H. (2020, January 31). The News Minute | Delve. The News Minute. https://www.thenewsminute.com/article/it-s-2020-bonded-labour-still-reality-india-here-s-why-116977.
    9. Molfenter, C. (2013). Overcoming bonded labour and slavery in South Asia: the implementation of anti-slavery laws in India since its abolition until today. Südasien-Chronik-South Asia Chronicle, 3, 358-82. https://edoc.hu-berlin.de/bitstream/handle/18452/9122/358.pdf?sequence=1&isAllowed=y
    10. Murugesan, D (2018). HANDBOOK ON BONDED LABOUR. NATIONAL HUMAN RIGHTS COMMISSION (NHRC), New Delhi. https://nhrc.nic.in/sites/default/files/Hand_Book_Bonded_Labour_08022019.pdf
    11. NCABL. (2016). Joint Stakeholders’ Report on Situation of Bonded Labour in India for Submission to United Nations Universal Periodic Review III. NATIONAL COALITION FOR ABOLITION OF BONDED LABOUR (NCABL), Bhubaneswar Odisha. https://www.upr-info.org/sites/default/files/document/india/session_27_-_may_2017/js34_upr27_ind_e_main.pdf
    12. Prasad, K. K. (2015). Use of the Term’Bonded Labour’ is a Must in the Context of India. Anti-Trafficking Review, (5), 162.
    13. Sabhapathi, V. (2020, June 11). An Analysis of Bonded Labour System in India. Legal Bites – Law And Beyond. https://www.legalbites.in/bonded-labour-system-in-india/
    14. S, B. (2016, April 2). Caught in a vicious cycle of bonded labour. The Hindu. https://www.thehindu.com/news/national/karnataka/caught-in-a-vicious-cycle-of-bonded-labour/article7720754.ece
    15. Sethia, S. The Changing Nature of Bonded Labour in India.
    16. Srivastava, R. S. (2005). Bonded labour in India: Its incidence and pattern.https://www.ilo.org/wcmsp5/groups/public/—ed_norm/—declaration/documents/publication/wcms_081967.pdf 

    17. THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976. (ACT NO. 19 OF 1976). (India). https://labour.gov.in/sites/default/files/TheBondedLabourSystem(Abolition)Act1976.pdf

     

    Image Credits: starfishasia.com

  • Marginalised among the invisible: The case of female migrant domestic workers

    Marginalised among the invisible: The case of female migrant domestic workers

    The Pandemic, lockdown, and the chain of events that followed made the country wake up to the state of the most unfortunate group of the labour force; the migrant workers. They have always remained invisible to the development agenda of the government and only the catastrophe of a pandemic could shed light on their woes. Among this invisible workforce, there remains yet another marginalised group of female migrants.

    In India, female migration was initially considered insignificant by equating their movement merely as associational or followers of men.  However, this has certainly changed in the last decade. Marriage was seen as the central motive behind female migration, though lately more women are seen to enter the labour market post-migration as their labour demand rose in sectors of so-called “female occupations” of domestic work, care-work and certain informal labour requirements in sectors such as in construction, garment work, food services and as coolies and vendors.  As family migration from rural to urban abodes saw a rise in the country, both male and female migrants were required to join the labour force to meet their mere subsistence needs. Lack of employment, low income and other economic reasons pushed females, especially from rural areas, to migrate to urban zones of the country (Singh et al., 2015). While in urban areas, the migrants especially females and children are exposed to extreme vulnerabilities with regard to their dismal conditions of work in the informal sector, urban policies are deeply flawed in omitting migrant welfare and the sheer denial of their civil rights and entitlements.

    Precarious domestic work and female migrants

    Domestic work is often regarded as an invisible and insignificant addition to the social and economic values of a country. The work is increasingly feminised with over 80% of the world’s domestic work occupied by women (International Labour Organisation [ILO], 2013a). And this mirrors the traditional notions of domestic work being a woman’s task. These tasks include traditional housework such as cleaning, cooking, washing clothes or utensils etc. or care-work such as a child or elderly care. Female migrants with low skills, low levels of education and migrating from rural abodes in search of employment form a predominant part of the labour pool. With no recognition and regulation of work, the female domestic workers are subject to unequal power dynamics at the workplace, making their lives precarious in terms of wages, security and wellbeing.

    In India, domestic work employment among females saw an upsurge, especially in urban areas. This surge is mainly accounted for by the increasing need for care work given the changing demography, lack of work opportunities in other sectors and the gender constructions moulded by the society (Chandrashekar & Ghosh, 2012). According to the National Sample Survey (NSSO-2011-2012, 68th round), 39 lakh (3.9 million) people are occupied in domestic work, among which 26 lakh (2.6 million) are females. Micro-level surveys suggest a predominant concentration of female migrants in domestic work, especially in urban areas (Mazumdar et al., 2013).  There are two forms of workers: live-in workers, who are accommodated in the household and live-out workers, who return to their respective houses after work and may be involved in work with multiple households. As there is no relevant national data on migrant workers involved in the sector, micro-level surveys or sector-based studies are the only sources in understanding the conditions of these migrants in domestic work. Studies have stated that migrants with low vocational qualifications and often seen as unregulated and undocumented cheap labour, work under low wages for long hours and in dismal working conditions affecting their health and safety. Live-in domestic workers are more prone to the dangers of sexual and physical abuse. Live-out domestic workers migrating to a new city, struggle with the inaccessibility of social security schemes and entitlements. Exploitation by private placement agencies in terms of wages and work conditions is another area among their hassles.

    The domestic work arena, already an unregulated and unorganised sector, puts female migrants with low bargaining power on a higher vulnerability scale. The task of identifying domestic work hinders the formulation of a sound regulatory mechanism to confront such vulnerabilities.

    Barriers to effective Regulation

    Regulating domestic work is impeded by cultural and structural barriers. The traditional notion and disregard of domestic work by women in households is extended to the understanding of paid domestic work as unproductive and hence, making it undervalued. The structural barriers relate to the unusual workplace in private spheres, which makes it difficult in enforcing labour laws and any form of scrutiny against the privacy norms of a household. The informality of work and its complexities aggravates the barriers in regulation. The employment relationship is uncertain as it is without any legal titles of employee and employer, making the relation very personalised and often not under any form of contract or agreement. Even if labour laws are made inclusive of domestic work, implementation and assurance of compliance of these laws in households are challenged until the household is recognised as a ‘workplace’ and the person hiring as an ‘employer’ in the legal framework (Chen, 2011).

    Even though these barriers existed, the International Labour Organisation (ILO) convention 2011 attempted in ensuring decent work to domestic workers and this is recognised as the most important landmark in identifying domestic work under a legal framework. ILO defines domestic work as “work performed in or for a household or households” and domestic worker as “any person engaged in a domestic work within an employment relationship”. The convention specified a comprehensive labour standard for domestic workers in areas of their wages, hours of work, occupational safety and health and social security. The convention addressed and standardized the various concerns in the sector regarding child labour, migrant workers, trafficking, live-in domestic labourers and private recruitment agencies (C189 – Domestic Workers Convention, 2011). Even after the completion of 10 years of the convention and 32 ILO member countries enforcing the landmark treaty, India is yet to ratify the convention.

    As domestic work remains undefined in the country, no significant statistical standard in estimating domestic workers exist. In the ILO policy brief on “Global and regional estimates of domestic workers” (ILO, 2013b), ambiguous nature of data on domestic workers were noticeable from the widely distributed figures, ranging from 2.5 million estimates from a household survey, 4.5 million workers estimated from official statistics (NSSO 2004-05) to an exaggerated figure of 90 million in news media. This difference in estimation is related to the difference in the identification of domestic work among different establishments (Mahanta & Gupta, 2015). With no clarity in identifying domestic workers inclusive of its peculiarities, these figures could be heavily underestimated too. Being a female migrant in the sector aggravates the problem of estimation as National statistics narrows down female migration patterns merely as associational. And thus failing to understand the true motives behind female migration and the subsequent scale of occupations they reside in (Indu et al, 2012).  Macro data narrows down domestic female labour into regular workers based on their duration in employment and disregarding the conditions of low wages and other insecurities, while the temporary and casual nature of work goes unrecognised (Neetha & Indrani, 2020). The informality of work is another area that India has failed to regulate. Labour laws for industrial labour often disregard informal workers. This is evident in the isolation of migrant workers, especially female migrants in domestic work (Poddar & Koshy, 2019).

     Lacunae in the legal framework

    Domestic work and most feminised occupations, in general, in unorganised sectors, are isolated from the legal framework given their unique characterisation of workplace and employment relationships and not to mention the challenges in recognising their work given the cultural and structural barriers. For female migrants in domestic work or any other informal activity, the situation is similar.

    There were certain positive steps in attempting to recognise the domestic workforce in the country. First of such attempts were their inclusion in the Unorganised Workers Social Security Act 2008 which gave hope, but failed to be implemented across different states (Agrawal & Agarwal,2018). Subsequently, the government also set up a task force to recommend a framework for policymaking and after 10 years, in 2019, we see a draft on National policy on domestic work formulated by the government covering their recognition, access to civil rights and social security schemes, skill development, regulating private placement agencies and a grievance redressal system (“National Policy for Domestic Workers”, 2019). Upon the recommendations of the task force, the domestic workers were to be included under the National Health insurance scheme – Rashtriya Bhima Yojana (RSBY). But the limited awareness of the scheme, its functioning and benefits, coupled with corruption reduced the domestic worker’s accessibility of the same (Mahanta & Gupta, 2015). The suggestion of the task force to include domestic worker rights in existing legislations, pertaining to industrial or organised labourers, was widely criticised because it does not adapt to the peculiarities of the feminised domestic work (Poddar & Koshy, 2019). Ensuring minimum wages to the domestic worker through the Minimum Wages Act 1948 with a task-based approach, while ignoring the aspect of personalised nature of employment completely, puts the live-in workers whose tasks are not quantifiable, out of the ambit of the act’s provisions. Similarly, the inclusion of domestic workers in the Sexual Harassment of Women at Workplace Act (2013), Employees’ State Insurance Act (1948) and Unorganized Workers’ Social Security Act 2008 is considered inadequate. Even though such inclusion is appreciated, these legislations fail to cater to the rights of a domestic worker if they are based on organised sector labour standards and without understanding the complexities of the domestic work (Poddar & Koshy, 2019).

    Private placement agencies, one of the main recruitment channels of domestic work, remain unregulated. This has led to the rise in exploitation in terms of payment and working conditions. The Delhi government drafted a Delhi Private Placement Agencies (Regulation) Bill in 2012 which was widely rejected by the domestic workers’ unions and groups. The proposed bill was criticised to be ineffective as it does not include the registration of the employers and lacks clarity in the process of inspection of these agencies (Chigateri et al., 2016). A study on one of the frequently travelled migrant routes, which is from Jharkhand to Delhi, reveals that migrants were subjected to conditions of exploitation and forced labour under such placement agencies. Conditions of forced labour are witnessed mainly among live-in domestic workers, who have to work under the agent for the stipulated period. The Inter-State Migrant Workmen’s (Regulation of Employment and Conditions of Service) Act 1978 fails to address this issue as placement agencies relating to domestic work do not come under the ambit of the act. The act considers only those labour contractors who are registered at the origin state. Placement agencies involved in domestic work function through several sub-agents and mostly are unregistered (ILO, 2015)

    There were some positive responses from state governments. The state of Tamil Nadu set up the Tamil Nadu domestic workers welfare board.  Similarly, Maharashtra set up a domestic worker welfare board under Maharashtra Act (Agrawal & Agarwal, 2018) in 2008 while Kerala adopted a domestic worker bill in 2009. States like Kerala, Karnataka, Andhra Pradesh, Maharashtra, Tamil Nadu, Bihar and Rajasthan have set the minimum wage rate (Madhav, 2010). Neetha and Palriwala (2011) analysed the state legal framework on domestic workers and pointed out the same inadequacies noted over and over again, that is of not recognising the intricacies of domestic work, workplace, its several sub-categories, unregulated placement agencies and its unique employment relation. With no data on domestic workers and at the same time their numbers continuing to increase, these loose legislations and provisions go unnoticed by the workers.

    In 2019, with the view to improving compliance and bringing about uniformity of laws, 29 labour laws were consolidated into 4 labour codes: a) code on wages, b) code on industrial relation c) code on social security and d) code on occupational health and working conditions (“Overview of Labour Law Reforms”, n.d.). While the notion was to make the labour laws more transparent and such consolidation was expected to increase the coverage of different workers under the law, these codes remain ambiguous when it comes to certain sectors of informal work. Neetha and Indrani (2020) analyse these codes through a gender lens focusing on domestic and migrant workers. Code on wages does not incorporate private households as an entity hiring employees and thus domestic workers who struggled to attain minimum wages under the previous Minimum wages act (1948) have no mention, leaving them ambiguous. Code on industrial relations dealing with collective bargaining and industrial disputes, do not mention freedom of association in unorganised sectors and curbs the right to strike which has serious implications of registration of domestic workers under trade unions and their right to collective bargaining. Code on social security (CSS) has consolidated the unorganised workers’ social security act 2008, which was the first attempt towards the recognition of domestic workers and the new code puts the functioning of such acts and provisions for the unorganised sector under the discretion of the government, leaving out legislative scrutiny. Hence, there is uncertainty of the efficient functioning of these acts under CSS. Under the code, maternity benefits were applied only to the registered establishment of work. And domestic workers with no recognition of the workplace become ineligible for the same. Code on occupational health and working conditions is also seen to have not recognised the need for laws based on different sectors of work. It has again failed to include private households as a workplace, leaving the conditions of domestic work unregulated. Another failure relates to ignoring the Sexual Harassment of Women at Workplace Act (Prevention, Prohibition and Redressal) 2013, which further leaves out the scrutiny of abuse or exploitation of domestic workers. The fact of being migrants among domestic workers isolates them even further from these labour codes.

    The lacunae in existing legislation in recognising domestic work and migrant labour continues to be beset in ambiguities with the new labour reforms.

    Present scenario: Covid-19 adding to the vulnerabilities

    The onset of the Covid-19 and the resultant lockdowns have led to massive disruptions of normal life resulting in the shocks of sudden unemployment, financial strain and increased burden for workers in the unorganised sector. The migrant workers bore the highest brunt. In such a scenario, female migrants in an unregulated and isolated sphere of work such as domestic workers have been subject to severe distress. The lockdown and reduced mobility left the workers unemployed and without income. Live-in migrants faced increased workload but no change in wages. Even with the slow revival of the economy, they are under threat of being infected or being carriers, given their precarious work and living conditions. Sudden dismissals and financial strain have forced many to the situation of borrowing money for subsistence and eventually ending up in debt. Workers struggle to meet the basic needs of health, food, education of the family with lower income and savings (Sumalatha et al., 2021). With dismal employment relations and working conditions, coupled with the exclusion from the legal framework and social protection, Covid-19 has expanded the existing inequalities.

    Government intervention:  The need of the hour

    Government intervention both in ensuring basic rights and providing for the welfare of the domestic workers have been negligible. The cultural and structural barriers are not the only challenges in regulating domestic work. There is a lack of political will in acknowledging domestic workers and their woes. As they remain scattered and invisible, the domestic workers are not seen as potential vote banks and hence remain without any political influence. The sector which is comprised largely of female migrants is devoid of any political voice and agency in their origin or host states since there are barriers in pursuing their voting rights given the nature of their migration. Their interactions with civic authorities and politicians in the host state are marginal and hence, their issues do not come to the fore (Bureau, 2018). There is a lack of awareness among the migrant workers on their voting rights. They are largely unaware as to who should be approached in the host state to resolve their problems. Even a migrant worker, well aware of his/her political rights and agencies, refrain from pursuing any form of interaction as they have either lost faith in the system or are disillusioned by the long time and effort spent pursuing the cases with no results to show. This highlights the need for effective political inclusion of migrant workers and the generation of political and electoral awareness among them (Bureau, 2018).

    Further, identification and protection are the two essentials in creating an inclusive environment for female migrants in domestic work. The feminized nature of domestic work in the country, concentrated predominantly among poor and marginalised migrant workers, need to be recognised as dignified “work” and households they work in as “workplace”. Only separate comprehensive legislation on domestic work can incorporate the varied complexities of the sector, rather than a mere extension of organised sector legislations. Such separate legislation would provide the domestic worker with an identity that can ensure them their rights and entitlements (Sharma & Kunduri, 2015). The legislation should address the working conditions, violations and exploitations, provisions for mobilisation, illegal channels of private placement agencies and establishing basic civil rights from a gender perspective to incorporate the differential experience of females in the sector. Efficient implementation and scrutiny of the same require statistically significant data, the absence of which is another flaw in the system.

    Domestic worker’s inaccessibility of social protection is the result of the lack of recognition. Migrant workers in the sector without any identity proof or formal registration are excluded from social protection schemes. Agrawal and Agarwal (2018) suggest setting up an independent welfare board in every district responsible for registering, ensuring availability of social security benefits, conducting dispute resolution, dissemination of information and providing skill development and training for domestic workers. The provision of financial incentives can help in coping with sudden unemployment situations during any form of crisis such as the pandemic. Allowing for the organisation of domestic workers into unions and cooperatives can also be beneficial in attaining social and legal protection. Domestic worker groups such as SEWA and National Domestic Workers Movement (NDWM) in the country have been attending to the woes of the domestic workers by providing a platform for collective bargaining and assertion of rights.

    The introduction of the draft on National Policy on Domestic workers can be seen as a positive development, however, the policy still remains in consideration. Vulnerabilities of the domestic workers, exacerbated by the pandemic, highlight the urgent necessity for the ratification of the ILO convention on domestic workers. There is an urgent requirement in increasing the government’s sensitivity towards domestic workers and their precarious existence.

    References

    1. Agrawal, U., & Agarwal, S. (2018). Social Security for Domestic Workers in India. Socio-Legal Rev., 14, 30
    2. Bureau, A. (2018). Political Inclusion of Seasonal Migrant Workers in India: Perceptions, Realities and Challenges.
    3. C189 – Domestic Workers Convention, 2011 (No. 189). (n.d.). Retrieved July 15, 2021, from https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C189
    4. Chandrasekhar, C. P., & Ghosh, J. (2012, November 12). Changing patterns of domestic work. @businessline. https://www.thehindubusinessline.com/opinion/columns/c-p chandrasekhar/changing-patterns-of-domestic-work/article22985402.ece
    5. Chen, M. A. (2011). Recognizing domestic workers, regulating domestic work: Conceptual, measurement, and regulatory challenges. Canadian Journal of Women and the Law, 23(1), 167-184.
    6. Chigateri, S., Zaidi, M., & Ghosh, A. (2016). Work Like Any Other, Work Like No Other103. Retrieved July 18, 2021, from http://www.unrisd.org/indiareport-chapter4
    7. Chigateri, S. (2021). Labour Law Reforms and Women’s Work in India: Assessing the New Labour Codes From a Gender Lens. Institute of Social Studies Trust.
    8. Indu, A., Indrani, M., & Neetha, N. (2012). Gender and migration: Negotiating rights, a women’s movement perspective. Delhi: Centre for Women’s Development Studies.
    9. International Labour Organisation (ILO). (2013a). Who are domestic workers? Ilo.Org. https://www.ilo.org/global/docs/WCMS_209773/lang–en/index.htm
    10. International Labour Organisation (ILO). (2013b). Global and Regional Estimates on Domestic Workers.
    11. International Labour Organisation (ILO), (2015). Indispensable yet unprotected: Working conditions of Indian domestic workers at home and abroad. Retrieved July 19, 2021, from https://www.ilo.org/wcmsp5/groups/public/—ed_norm/—declaration/documents/publication/wcms_378058.pdf
    12. Klemm, B., Däubler, W., Beimin, W., Lai, A., Min, H., & Sinha, S. (2011). Protection for Domestic Workers: Challenges and Prospects. Briefing Paper Special Issue, May, Friedrich Ebert Stiftung.
    13. Madhav, R. (2010). Legal Recognition of Domestic Work. Labour File, 8, 41.
    14. Mahanta, U., & Gupta, I. (2015). Road ahead for domestic workers in India: legal and policy challenges.
    15. Mazumdar, I., Neetha, N., & Agnihotri, I. (2013). Migration and gender in India. Economic and Political Weekly, 54-64.
    16. National policy for domestic workers. (2019, February 13). Retrieved July 18, 2021, from https://pib.gov.in/Pressreleaseshare.aspx?PRID=1564261
    17. Neetha, N. (2004). Making of female breadwinners: Migration and social networking of women domestics in Delhi. Economic and Political Weekly, 1681-1688.
    18. Neetha, N., & Palriwala, R. (2011). The absence of state law: Domestic workers in India. Canadian Journal of Women and the Law, 23(1), 97-120.
    19. Neetha N., & Indrani, M. (2020, June 01). Crossroads and Boundaries : Labour Migration, Trafficking and Gender. Retrieved July 19, 2021, from https://www.epw.in/journal/2020/20/review-womens-studies/crossroads-and-boundaries.html
    20. Overview of Labour Law Reforms (n.d.) Retrieved from https://prsindia.org/billtrack/overview-of-labour-law-reforms#_edn2
    21. Poddar, M., & Koshy, A. (2019). Legislating for Domestic’Care’Workers in India-An Alternative Understanding. NUJS L. Rev., 12, 67
    22. Shanthi, K. (2006). Female labour migration in India: Insights from NSSO data(Vol. 4, p. 2006). Chennai: Madras School of Economics.
    23. Sharma, S., & Kunduri, E. (2015). Of Law, Language, and Labour: Situating the Need for Legislation in Domestic Work. Economic and Political Weekly, 50(28).
    24. Singh, N., Keshri, K., & Bhagat, R. B. (2015). Gender dimensions of migration in urban India. In India Migration Report 2015(pp. 200-214). Routledge India.
    25. Srivastava, P., & Shukla, P. (2021). Crisis behind closed doors domestic workers’ struggles during the pandemic and beyond. Economic and Political Weekly, 17-21.
    26. Sumalatha, B. S., Bhat, L. D., & Chitra, K. P. (2021). Impact of Covid-19 on Informal Sector: A Study of Women Domestic Workers in India. The Indian Economic Journal, 00194662211023845.

     

    Image Credit: ucanews.com