HOME TRUTHS MAID IN INDIA India has just signed a UN convention to give new rights to its 4.75 million maids. How will this affect the middle class? And how will the new guidelines work on the ground, asks Saira Kurup Given a choice, Sapna Maudgal would rather do without her full-time maid. But holding daytime jobs, the techie and her doctor husband have little choice but to depend on Neelima, 20, to take care of their six-year-old daughter and the house. "We had to pay Rs 20,000 to the agency as registration, and her salary is Rs 3,500. That's quite a sum for us, and she's not that well-trained too," says Sapna. Neelima might be having a relatively safe working environment, but lakhs of others in the country, mostly women, sweep and swab in the domestic space, sometimes for long hours and in abusive environments. In India, official estimates talk of 4.75 million workers employed in private households. NGO estimates point to up to 20% of the total workforce in India being employed in domestic work and that one-fifth of them are working full-time. It's for improving the lot of this large vulnerable section that India and 469 other countries signed a convention in Geneva recently under the aegis of the International Labor Organization. The convention requires governments to bring domestic workers within the ambit of labour legislations on minimum wage, working hours, day of rest in a week, overtime wages, terms of employment, social security, and maternity protection. It also contains detailed requirements for governments to regulate private employment agencies, investigate complaints and lays down special measures for migrant workers. But how would it be implemented? Would employers be willing to see them as "workers" and not "servants" or even "family members" who are at their beck and call 24x7? Who would regulate the working conditions of a part-time worker who works, say, five houses in a day? Ravi Wig, president of the Employers Federation of India, who was the only Indian representative to vote against the convention in Geneva, says, "I think the first requirement is employment generation in a country where 25 crore people are unemployed. The best social security is to give a man a job. Also, imagine that you are at work, your mother is alone at home, and an inspector from the labour department comes to check the working conditions of the domestic worker. I felt it was premature." That invasion of the private space is probably what's spooking employers. Father Jose Vattakuzhy, secretary of the commission for labour of the Catholic Bishops Conference of India, which is helping the government in the drafting a national policy on domestic workers, says, "They feel that when we standardize domestic work, our homes will become the workplace." He adds that employers had been opposing the extension of the Rashtriya Swasthya Bima Yojana to domestic workers, but he's happy now that the government has done the needful. Not all employers share such reservations. Delhi homemaker Vimala Prasad says, "Domestic workers are likely to give their 100% only when they know that they are being taken care of." Some years ago, says Vimala, her husband bought life insurance policies for the full-time maid and her child, and even paid the premium during the time she worked for them. Activists are hoping that more such employers show see their domestic helps as workers and less as "kaamwali" and "naukrani". Sister Christy, national coordinator of the National Domestic Workers' Movement that is campaigning for dignity in domestic work, says, "Domestic workers are not included in the Minimum Wage Schedule; there are no welfare boards for them in many states and they are deprived of social security. We have a long way to go to achieve the aim of dignifying domestic work. The government should take responsibility to give social security, pension, define working hours, and introduce a comprehensive legislation." But official attempts at establishing equity have been lethargic. "It's three years since Maharashtra passed the Domestic Workers Welfare Board Act, but the board has not started functioning. It's not been decided who would be the members. We get promises but nothing concrete has been done," says Sister Christy. Some states like Kerala and Tamil Nadu have either included domestic workers in the minimum wage schedule or included them in social security schemes etc, but that's simply too little. Baijnath Rai, general secretary of the Bharatiya Mazdoor Sangh, who was the Indian representative of workers at the Geneva meet, points out, "Even if the government ratifies the convention fast, it would take the law at least a year-and-a-half to come into effect. Just think, of the 188 conventions India has ratified, it has implemented only 43 so far." However, more than any number of laws, it would be the attitudinal change that's urgent. Sapna Maudgal is not too happy about the fixed hours of work or the overtime wages clause. But the representative of a placement agency in Gurgaon that provides domestic workers to expats, diplomats and the upper middle class, is optimistic: "Some clients might even consider giving health benefits if it's economically viable. Already, many clients are sending their cooks to culinary classes to upgrade their skills." Isn't charity, after all, expected to begin at home? AND WHAT ABOUT THOSE ABROAD? The lure of fat salaries and a good life take a number of Indian domestic workers abroad, to work for Indian families there. Many a time, it's a happy arrangement for both parties. But there are also whispers about abuse and harassment of workers which often go unreported. And, sometimes, these cases make headlines as with Prabhu Dayal, the Indian consul-general in New York, who has been accused of forced labour and harassment. "The laws are weak" to handle such cases, says human rights activist and advocate Asim Sarode. He cites the 2008 case of a domestic worker Kalpana Salunke who was working for a Indian couple in Spain. "She faced a lot of abuse by the male employer and a Spanish friend of his. Her hands were tied behind her back and she was given electric shocks. That's when she ran away," Sarode says. Salunke tried to file a case with the Spanish police, but it being a Friday evening, with the police stations reportedly closed for the weekend, she could not do so. Her employers, on coming to know that she had taken refuge in an Indian club, came and immediately put her on a flight to India. "We have sent complaints to the Spanish police but the family is absconding since then. Now we have filed a complaint with the CBI and are planning to approach the Supreme Court," says Sarode. At the national level, activists have been protesting the exclusion of domestic workers from the purview of the sexual harassment in the workplace Bill, meant for protection of women. Father Jose Vattakuzhy, secretary of the Catholic Bishops' Conference of India's commission for labour, says, "It's a sad thing. Our worker representatives have met Sonia Gandhi and spoken to her about it." Urvashi Sharma, president of Lucknow-based group Yaishwaryaj, has been running an online campaign for the inclusion of domestic workers in the Bill. She says, "One of the objections being made is that some of the harassment cases by domestic workers are false – how would we deal with them? But even in the genuine cases, there's little action. Mostly, the worker is asked to reach a compromise."   -- Urvashi Sharma RTI Helpmail( Web Based ) aishwaryaj2010@gmail.com Mobile Rti Helpline 8081898081 ( 8 A.M. to 10 P.M. ) |
Wednesday, June 29, 2011
HOME TRUTHS :MAID IN INDIA :Publication: The Times Of India Delhi; Date: Jun 26, 2011; Section: Deep Focus; Page: 15
HOME TRUTHS : MAID IN INDIA : Publication: The Times Of India Delhi; Date: Jun 26, 2011; Section: Deep Focus; Page: 15
| Publication: The Times Of India Delhi; | Date: Jun 26, 2011; | Section: Deep Focus; | Page: 15 |
HOME TRUTHS MAID IN INDIA India has just signed a UN convention to give new rights to its 4.75 million maids. How will this affect the middle class? And how will the new guidelines work on the ground, asks Saira Kurup
Given a choice, Sapna Maudgal would rather do without her full-time maid. But holding daytime jobs, the techie and her doctor husband have little choice but to depend on Neelima, 20, to take care of their six-year-old daughter and the house. "We had to pay Rs 20,000 to the agency as registration, and her salary is Rs 3,500. That's quite a sum for us, and she's not that well-trained too," says Sapna.
Neelima might be having a relatively safe working environment, but lakhs of others in the country, mostly women, sweep and swab in the domestic space, sometimes for long hours and in abusive environments. In India, official estimates talk of 4.75 million workers employed in private
households. NGO estimates point to up to 20% of the total workforce in India being employed in domestic work and that one-fifth of them are working full-time.
It's for improving the lot of this large vulnerable section that India and 469 other countries signed a convention in Geneva recently under the aegis of the International Labor Organization. The convention requires governments to bring domestic workers within the ambit of labour legislations on minimum wage, working hours, day of rest in a week, overtime wages, terms of employment, social security, and maternity protection. It also contains detailed requirements for governments to regulate private employment agencies, investigate complaints and lays down special measures for migrant workers.
But how would it be implemented? Would employers be willing to see them as "workers" and not "servants" or even "family members" who are at their beck and call 24x7? Who would regulate the working conditions of a part-time worker who works, say, five houses in a day? Ravi Wig, president of the Employers Federation of India, who was the only Indian representative to vote against the convention in Geneva, says, "I think the first requirement is employment generation in a country where 25 crore people are unemployed. The best social security is to give a man a job. Also, imagine that you are at work, your mother is alone at home, and an inspector from the labour department comes to check the working conditions of the domestic worker. I felt it was premature."
That invasion of the private space is probably what's spooking employers. Father Jose Vattakuzhy, secretary of the commission for labour of the Catholic Bishops Conference of India, which is helping the government in the drafting a national policy on domestic workers, says, "They feel that when we standardize domestic work, our homes will become the workplace." He adds that employers had been opposing the extension of the Rashtriya Swasthya Bima Yojana to domestic workers, but he's happy now that the government has done the needful.
Not all employers share such reservations. Delhi homemaker Vimala Prasad says, "Domestic workers are likely to give their 100% only when they know that they are being taken care of." Some years ago, says Vimala, her husband bought life insurance policies for the full-time maid and her child, and even paid the premium during the time she worked for them.
Activists are hoping that more such employers show see their domestic helps as workers and less as "kaamwali" and "naukrani". Sister Christy, national coordinator of the National Domestic Workers' Movement that is campaigning for dignity in domestic work, says, "Domestic workers are not included in the Minimum Wage Schedule; there are no welfare boards for them in many states and they are deprived of social security. We have a long way to go to achieve the aim of dignifying domestic work. The government should take responsibility to give social security, pension, define working hours, and introduce a comprehensive legislation."
But official attempts at establishing equity have been lethargic. "It's three years since Maharashtra passed the Domestic Workers Welfare Board Act, but the board has not started functioning. It's not been decided who would be the members. We get promises but nothing concrete has been done," says Sister Christy. Some states like Kerala and Tamil Nadu have either included domestic workers in the minimum wage schedule or included them in social security schemes etc, but that's simply too little.
Baijnath Rai, general secretary of the Bharatiya Mazdoor Sangh, who was the Indian representative of workers at the Geneva meet, points out, "Even if the government ratifies the convention fast, it would take the law at least a year-and-a-half to come into effect. Just think, of the 188 conventions India has ratified, it has implemented only 43 so far."
However, more than any number of laws, it would be the attitudinal change that's urgent. Sapna Maudgal is not too happy about the fixed hours of work or the overtime wages clause. But the representative of a placement agency in Gurgaon that provides domestic workers to expats, diplomats and the upper middle class, is optimistic: "Some clients might even consider giving health benefits if it's economically viable. Already, many clients are sending their cooks to culinary classes to upgrade their skills." Isn't charity, after all, expected to begin at home?
AND WHAT ABOUT THOSE ABROAD?
The lure of fat salaries and a good life take a number of Indian domestic workers abroad, to work for Indian families there. Many a time, it's a happy arrangement for both parties. But there are also whispers about abuse and harassment of workers which often go unreported. And, sometimes, these cases make headlines as with Prabhu Dayal, the Indian consul-general in New York, who has been accused of forced labour and harassment.
"The laws are weak" to handle such cases, says human rights activist and advocate Asim Sarode. He cites the 2008 case of a domestic worker Kalpana Salunke who was working for a Indian couple in Spain. "She faced a lot of abuse by the male employer and a Spanish friend of his. Her hands were tied behind her back and she was given electric shocks. That's when she ran away," Sarode says. Salunke tried to file a case with the Spanish police, but it being a Friday evening, with the police stations reportedly closed for the weekend, she could not do so. Her employers, on coming to know that she had taken refuge in an Indian club, came and immediately put her on a flight to India. "We have sent complaints to the Spanish police but the family is absconding since then. Now we have filed a complaint with the CBI and are planning to approach the Supreme Court,"
says Sarode.
At the national level, activists have been protesting the exclusion of domestic workers from the purview of the sexual harassment in the workplace Bill, meant for protection of women. Father Jose Vattakuzhy, secretary of the Catholic Bishops' Conference of India's commission for labour, says, "It's a sad thing. Our worker representatives have met Sonia Gandhi and spoken to her about it." Urvashi Sharma, president of Lucknow-based group Yaishwaryaj, has been running an online campaign for the inclusion of domestic workers in the Bill. She says, "One of the objections being made is that some of the harassment cases by domestic workers are false – how would we deal with them? But even in the genuine cases, there's little action. Mostly, the worker is asked to reach a compromise."
--
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
Wednesday, June 15, 2011
UPSIC gets woman information commissioner
UPSIC gets woman information commissionerLUCKNOW: The UP State Information Commission (UPSIC) is getting a new incumbent and this time a woman. The notification declaring the appointment of Khadijatul Kubra as the new Information Commissioner (IC) reached UPSIC on Tuesday. The commission has 10 ICs. A post got vacant after the retirement of Gyanendra Sharma early this year. Though curtains are down on who will be the new IC, but yet there is no information regarding Kubras educational background. The notification introduces Kubra as the wife of MJ Akhtar, media advisor to the chief minister. When asked about the background of the new incumbent, Yogendra Singh, secretary, UPSIC, said, we only have this single line notification and can not say anything more on this. The state chief information commissioner and information commissioner are appointed by the governor on the recommendation of a committee consisting of the chief minister (who is also the chairperson), leader of opposition in legislative assembly and a cabinet minister to be nominated by the chief minister. However, Governor Office could not reveal much about the new appointee. While the information officer was not available for comment, GB Patnaik, principal secretary, governor, could not be contacted despite repeated attempts. The staff at his office, however, denied that any information on the new ICs educational and professional background was available at the office. Any information on this will only be available with the government, said the staff at Governor Office. The RTI Act clearly defines the eligibility norms for state chief information commissioner and information commissioners. The ICs shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance ". When will the new IC take oath is also not known. "We are trying to call her up but could not speak to her," said secretary, UPSIC. The RTI activists in UP, on the other hand, have sent a memorandum to the governor. We want the appointment of ICs to be a fair procedure, said activist Urvashi Sharma. http://timesofindia.indiatimes.com/city/lucknow/UPSIC-gets-woman-information-commissioner/articleshow/8856549.cms -- Urvashi Sharma RTI Helpmail( Web Based ) aishwaryaj2010@gmail.com Mobile Rti Helpline 8081898081 ( 8 A.M. to 10 P.M. ) |
UPSIC gets woman information commissioner
http://timesofindia.indiatimes.com/city/lucknow/UPSIC-gets-woman-information-commissioner/articleshow/8856549.cms
UPSIC gets woman information commissioner
TNN | Jun 15, 2011, 02.07am IST
LUCKNOW: The UP State Information Commission (UPSIC) is getting a new
incumbent and this time a woman. The notification declaring the
appointment of Khadijatul Kubra as the new Information Commissioner
(IC) reached UPSIC on Tuesday.
The commission has 10 ICs. A post got vacant after the retirement of
Gyanendra Sharma early this year.
Though curtains are down on who will be the new IC, but yet there is
no information regarding Kubras educational background.
The notification introduces Kubra as the wife of MJ Akhtar, media
advisor to the chief minister.
When asked about the background of the new incumbent, Yogendra Singh,
secretary, UPSIC, said, we only have this single line notification and
can not say anything more on this.
The state chief information commissioner and information commissioner
are appointed by the governor on the recommendation of a committee
consisting of the chief minister (who is also the chairperson), leader
of opposition in legislative assembly and a cabinet minister to be
nominated by the chief minister.
However, Governor Office could not reveal much about the new
appointee. While the information officer was not available for
comment, GB Patnaik, principal secretary, governor, could not be
contacted despite repeated attempts.
The staff at his office, however, denied that any information on the
new ICs educational and professional background was available at the
office. Any information on this will only be available with the
government, said the staff at Governor Office.
The RTI Act clearly defines the eligibility norms for state chief
information commissioner and information commissioners. The ICs shall
be persons of eminence in public life with wide knowledge and
experience in law, science and technology, social service, management,
journalism, mass media or administration and governance ".
When will the new IC take oath is also not known. "We are trying to
call her up but could not speak to her," said secretary, UPSIC. The
RTI activists in UP, on the other hand, have sent a memorandum to the
governor. We want the appointment of ICs to be a fair procedure, said
activist Urvashi Sharma.
http://timesofindia.indiatimes.com/city/lucknow/UPSIC-gets-woman-information-commissioner/articleshow/8856549.cms
--
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
Saturday, June 11, 2011
YAISHWARYAJ demands scrapping of the appointment of Ms. Khazihatul Kubra as Information Commissioner of Uttar Pradesh
| YAISHWARYAJ has raised its voice against Uttar YAISHWARYAJ has sent memorandums to the Governor and the Chief Minister of Uttar Pradesh . " The Uttar Pradesh Government's move is unconstitutional and the whole The procedure , eligibility norms etc. for appointments of information Subsection 3 of Section 15 states about the appointing authority etc." (ii) the Leader of Opposition in the Legislative Assembly; and Subsection 5 of section 15 further states the eligibility norms " The
Further , the act emphasizes the word " Appointment " and not " Wayback , we have sent memorandums on this issue to the authorities of the state including the governor which are pending for action with the Government of Uttar Pradesh and the Government is going to make another arbitrary nomination of Members of YAISHWARYAJ alongwith other RTI activists of Uttar Pradesh
-- Urvashi Sharma RTI Helpmail( Web Based ) aishwaryaj2010@gmail.com Mobile Rti Helpline 8081898081 ( 8 A.M. to 10 P.M. ) |
YAISHWARYAJ demands scrapping of the appointment of Ms. Khazihatul Kubra as Information Commissioner of Uttar Pradesh
YAISHWARYAJ demands scrapping of the appointment of Ms. Khazihatul
Kubra as Information Commissioner of Uttar Pradesh
Kubra as Information Commissioner of Uttar Pradesh
YAISHWARYAJ has raised its voice against Uttar
Pradesh Government's move to appoint one Ms. Khazihatul Kubra W/O
Sri Zamil Akhtar as Information Commissioner of Uttar Pradesh on the
post which was lying vacant after retirement of Sri Gyanendra Sharma .
. Sri Akhtar is Information Consultant to the Chief Minister of
Uttar Pradesh
YAISHWARYAJ has sent memorandums to the Governor and the Chief
Minister of Uttar Pradesh .
" The Uttar Pradesh Government's move is unconstitutional and the whole
process needs to be stalled at once.Time and again , YAISHWARYAJ has
raised its demands of fair appointments of information commissioners
as per the letter & spirit
of the RTI act 2005 . " reads the Memorandum.
The procedure , eligibility norms etc. for appointments of information
commissioners have been laid down in Chapter IV of RTI Act 2005 .
Subsection 3 of Section 15 states about the appointing authority etc."
The State Chief Information Commissioner and the State Information
Commissioners shall be appointed by the Governor on the recommendation
of a committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Ministrer to be nominated by the Chief Minister.
Explanation.—For the purposes of removal of doubts, it is hereby
declared that where the Leader of Opposition in the Legislative
Assembly has not been recognised as such, the Leader of the single
largest group in opposition of the Government in the Legislative
Assembly shall be deemed to be the Leader of Opposition "
Subsection 5 of section 15 further states the eligibility norms " The
State Chief Information Commissioner and the State Information
Commissioners shall be persons of eminence in public life with wide
knowledge and experience in law, science and technology, social
service, management, journalism, mass media or administration and
governance "
Expressing over the memorandum , Prabhuta , one of the members of the
group YAISHWARYAJ said that The spirit of the act is that all members
of the committee should necessarily take part in the process of
appointment and should note
down their views on each and every aspect. This is not being followed
in most of the appointments. Such appointments are ab-initio-void and
needs to be scrapped.
Further , the act emphasizes the word " Appointment " and not "
Nomination " . The procedure adopted so far is clearly the nomination
and not the appointment. Appointment means appointment after giving
fair chance to all eligible citizens in consonance to article 14 & 16
of the Constitution of INDIA and then selecting and appointing the
best as per the procedure and norms laid down in the advertisement by
the state government.
Wayback , we have sent memorandums on this issue to the authorities of
the state including the governor which are pending for action with
the Government of Uttar Pradesh and the Government is going to make
another arbitrary nomination of
information commissioner without any advertisement for appointment.
This is illegal and shows dubious intentions of state government with
respect to RTI implementation so YAISHWARYAJ has again requested the
governor to stall this unconstitutional process at once and forever
and strive for ways to ensure fair appointment on the said post.
Members of YAISHWARYAJ alongwith other RTI activists of Uttar Pradesh
also demanded time to meet and apprise the Governor the long pending issue of
fair appointments of information commissioners as per the letter and
spirit of RTI ACT 2005 and many other issues over which the Government
of Uttar Pradesh seems to be intentionally acting against the ACT.
--
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
http://www.cplash.com/post/YAISHWARYAJ-demands-scrapping-of-the--appointment-of-Ms-Khazihatul-Kubra--as-Information-Commissioner-of-Uttar-Pradesh379.html
YAISHWARYAJ demands scrapping of the appointment of Ms. Khazihatul
Kubra as Information Commissioner of Uttar Pradesh
YAISHWARYAJ has raised its voice against Uttar
Pradesh Government's move to appoint one Ms. Khazihatul Kubra W/O
Sri Zamil Akhtar as Information Commissioner of Uttar Pradesh on the
post which was lying vacant after retirement of Sri Gyanendra Sharma .
. Sri Akhtar is Information Consultant to the Chief Minister of
Uttar Pradesh
YAISHWARYAJ has sent memorandums to the Governor and the Chief
Minister of Uttar Pradesh .
" The Uttar Pradesh Government's move is unconstitutional and the whole
process needs to be stalled at once.Time and again , YAISHWARYAJ has
raised its demands of fair appointments of information commissioners
as per the letter & spirit
of the RTI act 2005 . " reads the Memorandum.
The procedure , eligibility norms etc. for appointments of information
commissioners have been laid down in Chapter IV of RTI Act 2005 .
Subsection 3 of Section 15 states about the appointing authority etc."
The State Chief Information Commissioner and the State Information
Commissioners shall be appointed by the Governor on the recommendation
of a committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Ministrer to be nominated by the Chief Minister.
Explanation.—For the purposes of removal of doubts, it is hereby
declared that where the Leader of Opposition in the Legislative
Assembly has not been recognised as such, the Leader of the single
largest group in opposition of the Government in the Legislative
Assembly shall be deemed to be the Leader of Opposition "
Subsection 5 of section 15 further states the eligibility norms " The
State Chief Information Commissioner and the State Information
Commissioners shall be persons of eminence in public life with wide
knowledge and experience in law, science and technology, social
service, management, journalism, mass media or administration and
governance "
Expressing over the memorandum , Prabhuta , one of the members of the
group YAISHWARYAJ said that The spirit of the act is that all members
of the committee should necessarily take part in the process of
appointment and should note
down their views on each and every aspect. This is not being followed
in most of the appointments. Such appointments are ab-initio-void and
needs to be scrapped.
Further , the act emphasizes the word " Appointment " and not "
Nomination " . The procedure adopted so far is clearly the nomination
and not the appointment. Appointment means appointment after giving
fair chance to all eligible citizens in consonance to article 14 & 16
of the Constitution of INDIA and then selecting and appointing the
best as per the procedure and norms laid down in the advertisement by
the state government.
Wayback , we have sent memorandums on this issue to the authorities of
the state including the governor which are pending for action with
the Government of Uttar Pradesh and the Government is going to make
another arbitrary nomination of
information commissioner without any advertisement for appointment.
This is illegal and shows dubious intentions of state government with
respect to RTI implementation so YAISHWARYAJ has again requested the
governor to stall this unconstitutional process at once and forever
and strive for ways to ensure fair appointment on the said post.
Members of YAISHWARYAJ alongwith other RTI activists of Uttar Pradesh
also demanded time to meet and apprise the Governor the long pending issue of
fair appointments of information commissioners as per the letter and
spirit of RTI ACT 2005 and many other issues over which the Government
of Uttar Pradesh seems to be intentionally acting against the ACT.
--
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
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