‘Debt bondage or bonded labour is a means of paying off loans with direct labour instead of currency or goods.’ The first signs of bonded labour trace back to approximately the early sixteen hundreds. When a needy person takes a loan and is unable to pay it back or offer a tangible asset in exchange, he/she can offer his/her services as a method of repayment. The employee is bound to his employer and cannot shift jobs, often resulting in exploitation and ill treatment. The labourer could be unhappy, but is stuck as he/she has to repay the debt. Bonded labourers have no legal recourse in most countries; this problem is further compounded in countries like South America and Asia where there are large numbers of illegal immigrants. In extreme cases, the debt is so large that it extends to the next generation — children of the labourer cannot free themselves either.
I think domestic help, in a broad perspective, is not a form of bonded labour. While both kinds of labour belong to the unorganised sector, certain western countries do provide a level of protection to domestic help. In the United States of America, employers are required to pay domestic help a minimum wage. Further, due to shortage of employees willing to work as domestic help, employers in the West provide good amenities like excellent accommodation and fixed working hours. Even in the Middle East and South East Asia, domestic help are given a month’s paid leave, medical coverage and a good bonus.
The biggest differentiating factor between domestic help and bonded labour arises from the freedom of choice. I could illustrate this with the following examples:
- The domestic helper has the choice to perform only certain tasks — a cook may refuse to wash clothes.
- He/she can work with any employer of his/her choice — a young maid may prefer to work with an elderly couple, while a young teen may enjoy working with a nuclear family.
- In cases of ill treatment and abuse, the domestic employee can file a complaint with the police. As bonded labour is illegal in most countries, the abused has no choice but to suffer silently.
- The domestic helper can choose the location of his work place – he may want to be in a locality close to where his fellow villagers work.
- An employee dissatisfied with the wage he receives can negotiate for a better salary or amenities.
- Self respect and dignity are core traits a human being values most – the terms of employment allow the domestic employee to maintain a level of self esteem.
None of these options are available to a bonded labourer, which is why I believe domestic help cannot be construed to be a form of bonded labour.
I believe domestic help — which most people in India need and use — is not a form of bonded labour. Bonded labour is when the employer has total control over the employee and can treat him/her any way they feel like. In most cases, the entire family is bound to the employer. With reference to domestic help, the worker has shifted from his village to the city and looks to get a good salary. He/she uses this money either to pay off some debt, or to finance his/her family.
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Prepared By:
Tanay Gabhawala