Domestic maids give a lot to society, their rights must be protected: Lawyer activist Subhash Bhatnagar

Subhash Bhatnagar, 67, a national convener of the Delhi-based National Platform for Domestic Workers, has long been fighting for the rights of organised workers since 1986. After 10 years, Bhatnagar, along with his fellow workers, was successful in getting the Building and Other Construction Workers (Regulations of Employment and Conditions of Service) Act, 1996, passed by the Parliament. In a telephonic interview with Amrita Nayak Dutta, he talks about his fight for the rights of such workers and the reasons that keep him going

You are an advocate by profession. How did you get into fighting for the rights of organised workers?
While I was working at a court in Delhi, I came across several trade unions. I discovered that leaders of most trade unions believed in working for their personal gains, which were hardly benefitting the workers. In 1985, I met R Geeta, who also works for the rights of construction workers, and we took up this fight. We knew this Act is the best way to provide social security to such workers.

Why did it take 10 years for Parliament to pass this Act?
From 1986 to 1996, five governments had changed. So the process was stuck at various stages.

In 2006, we filed a case in the Supreme Court, as several state governments had not implemented the Act. Six years later, in February 2012, the Supreme Court directed all states to implement the Act and create a welfare board. Today, all states have created this board.

Are all states following what the welfare boards are supposed to do?
Our bureaucracy works very slowly. So it’s difficult to ascertain if everything is being regularised properly. The board will have to compulsorily register all construction and building factory workers and create a tripartite board, which will collect a cess of 8 per cent from employers and a minimum amount of Rs10 or Rs20 (differs in every state) from workers. Home loans, health cover, medical emergencies will all be taken care of with this amount. This way, the employers won’t feel the pinch of paying extra and it will be like a compulsory saving for these workers.

What about Indian domestic workers? They are part of the unorganised workers as well.
We have filed a petition with The Parliament’s petition committee, asking for a similar model for domestic workers. They too are vulnerable with hardly any strong laws to protect them. So if every state creates a welfare board for domestic workers and a tripartite board where 8 per cent of every domestic worker’s salary as registered with the board, will be collected along with a nominal amount from them, their pension, accidental benefits, housing loans can be met from that money.

We are hopeful that the next party that comes to power will take these suggestions on a priority basis.

You’re 67. What keeps you going strong in your fight for the rights of such unorganised workers, domestic workers being the latest focus.
I have two daughters and my domestic help has contributed a lot in bringing them up. Their contribution to society is immense, so their rights should also be protected.

Fate hangs in balance thanks to half-hearted efforts
Few states like Kerala, Karnataka, AP and Rajasthan have included domestic workers under the Minimum Wages Act. However, no state has regularised it. Once brought under the Act, all labour laws will be applicable to them, which will also take care of their social security needs.

In June 2011, the government of India announced inclusion of domestic workers as beneficiaries in the Rashtriya Swasthya Bhima Yojana, a health insurance scheme covering below poverty line populations from the unorganised sector. With poor implementation, it turned out to be a big failure.

After several protests by the National Domestic Workers’ Movement, the Protection of Women Against Sexual Harassment in the Workplace Bill was amended in 2012 to bring domestic workers under its purview.

Subhash Bhatnagar,
National convener of the Delhi- based National Platform for Domestic Workers