NEWS

The Help: Why are you hurting me?

IN BRIEF

The ILO reports that Pakistan has 8.5 million domestic workers, with women comprising over half of the informal labor force. However, domestic workers are not entitled to benefits like minimum wage, which is only preserved for other workers. This results in women and young girls receiving only a pittance for their labor, insufficient to cover rent and other household expenses.

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“Those who partake in cruel practices such as torture or abuse of young maids kept in their homes will not spare this article a second glance”.

In fancy aristocratic terms, they are known as ‘The Help’. The presence of ‘The Help’ is everywhere. ‘The help’ hands you a drink when you visit someone’s house, ‘the help’ trails behind women holding their babies as they strut across shopping malls. The help is seen sweeping the floor, cooking meals, or washing the dishes. The help is exiled to a corner in a restaurant as the family feasts merrily.

The help exists quietly most of the time. A product purchased specifically to cater to domestic needs. Widely known as domestic helpers or maids, they are women and little girls whose sole purpose is to serve anyone who can afford them. A pittance is paid for their services which they never see, handed directly into the hands of their fathers, brothers, or husbands.

The ILO reports that Pakistan has 8.5 million domestic workers, with women comprising over half of the informal labor force. However, domestic workers are not entitled to benefits like minimum wage, which is only preserved for other workers. This results in women and young girls receiving only a pittance for their labor, insufficient to cover rent and other household expenses.

Various bills in Pakistan have been passed to safeguard the rights of domestic workers such as  Islamabad Domestic Workers’ Bill 2021, the Punjab Domestic Workers Act 2019, and the Sindh Home-Based Workers Bill 2022. These bills are a step in the right direction as the country’s “informal” workforce has faced extreme exploitation, mistreatment, and dehumanization without much intervention from society or the state.

Despite the existence of these bills, the on-ground reality remains unchanged. Empty promises made by lawmakers ranging from creating contracts for workers, the standardization of minimum wage, and the establishment of a force of inspectors have yet to materialize. Due to the crass attitude of the state and society, domestic helpers and young children remain targets of exploitation.

“The brutality toward domestic helpers is attributed to the Feudal mindset and Patriarchal practices. Violence and the mental health of the abuser also play a role in the mistreatment of domestic helpers.”

13-year-old Maryam was thrashed, burned, and bruised by her employers in January this year in Lahore, causing severe injuries. The incident is not the first of its kind, as previous incidents include Zohra Shah being beaten to death in Rawalpindi and 16-year Uzma‘s body thrown in the drain after being tortured by her employer in Lahore. Those who partake in cruel practices such as torture or abuse of young maids kept in their homes will not spare this article a second glance.

Every fourth household in the country consists of house help, making domestic work a huge part of the informal sector. Albeit, hiring of domestic workers is the norm, instead of treating them as humans with dignity, society deems them as vulnerable targets for mental, physical, and sexual abuse, rape, forced labor/child labor or trafficking, and oftentimes even death. There is little to no legal cover, minimum wage protection, or labor inspections for this marginalized community.

Pakistan has its fair share of deranged practices, the abuse of domestic workers being one of them. Millions of women and young girls sacrifice their entire lives to work as domestic helpers in Pakistan and every other month, a case of brutality against them is shown in the news. Horrific incidents involving domestic helpers displayed in mainstream media are only the tip of the iceberg as countless such cases go unreported in the country.

The causes behind the abuse of domestic help overlap. Mental illness, cultural practices, orthodox traditions, and violence are sometimes inextricably linked, creating harsh stigmas with dire consequences. One of the main reasons why the inhumane treatment of domestic workers still persists is the lack of regulation and oversight matter.

“Poverty pushes children into the labor market with 44% of children being out of school, despite the promise of free and compulsory education under Article 25 (A) of the constitution. Child domestic workers are the most vulnerable to human trafficking, abuse, and exploitation.”

Unfortunately, domestic helpers are not covered by labor laws in all the provinces. This deprives them of entitlement to social security, minimum wages, and other privileges. There is also no accurate figure for domestic worker employment in Pakistan or any statistics on their economic output. This neglect of legal protection and welfare has enabled society to continue exploiting the domestic workforce. The absence of legal enforcement has invited problems such as human trafficking, bonded, and child labor.

Pakistan faces a grave issue with 13.7% of children between the ages of 5-17 brought into child labor. The agriculture industry makes up the majority of child laborers at 57%, following 15% in services and, 7% in the manufacturing industry. The Pakistan Employment of Children Act, 1991 criminalizes child labor, including Section 371-A which criminalizes work dangerous for a child’s health and development.

Despite all these laws, poverty pushes children into the labor market with 44% of children being out of school, despite the promise of free and compulsory education under Article 25 (A) of the constitution. Child domestic workers are the most vulnerable to human trafficking, abuse, and exploitation. These children are recruited by middlemen under the guise of work and sold to trafficking rings to live a life of misery.

UNICEF reports that around 3.3 million children are engaged in child labor in Pakistan. The carpet weaving industry is made up of 31.5% children in the workforce. Pakistan also has the second-highest number of out-of-school children due to the cultural acceptance of child labor as a means of earning money for the family.

As per labor laws in Pakistan, the minimum age of employment is 14 years with some exceptions for children working in the entertainment industry or family business. It is illegal for children between the ages of 14-18 to work in hazardous conditions. Labor laws also entitle these children to minimum wage, limited hours of work a day along with other labor benefits.

Employers have thrown caution to the wind by hiring children below the age of 14 and overworking them in dangerous places such as factories and coal mines. Furthermore, there are no specific laws that regulate domestic work resulting in children being excluded from protection.

“The absence of an employment contract has made the exploitation of domestic help much easier. Women and girls are tricked into terrible arrangements they do not sign up for. Domestic worker abuse and child labor are supported by the culture of sending children to work in other cities where they have no contact with their families.”

The brutality toward domestic helpers is attributed to the Feudal mindset and Patriarchal practices. Violence and the mental health of the abuser also play a role in the mistreatment of domestic helpers. The sadistic tendencies of the employers are backed up by patriarchal notions condemning women to an unfair life of suppression and violence. It is common practice to let out one’s frustrations and anger on the weaker person and for people with a criminal mentality, there is no better target than domestic helpers.

This insane behavior towards people who make our lives easier has been deeply rooted within our culture. Socioeconomic class systems are used as justifications for the horrendous treatment of young girls kept as maids. A colonial mindset thrives in some well-off societies where the poor person is considered the lesser person. Terms like “naukar” and “masi” simply the existence of the house help to a mere slave.

The absence of an employment contract has made the exploitation of domestic help much easier. Women and girls are tricked into terrible arrangements they do not sign up for and practices such as Habeas Corpus, sexual violence, and murder continue to thrive. Even if a legal contract for the employment of house help did exist, it would be seen as nothing more than a piece of crepe paper as many domestic helpers are opposed to legal contracts because it lowers their chances of finding work.

Domestic worker abuse and child labor are supported by the culture of sending children to work in other cities where they have no contact with their families. The children resign to a fate full of torture and illegal confinement for years until they escape dead or alive. The families of the victims are just as guilty as the perpetrators because they keep mum after receiving money instead of reporting the crime. Other times, the families are silenced with fear by influential owners. In some cases, even the victims themselves do not escape the physical and sexual abuse as they start enjoying the benefits provided to them.

“Social norms and employers’ expectations need to be changed. For a better future for domestic helpers, it is imperative to devote more resources to implementing existing laws.”

Regarding Law-and-Order situations, if cases are reported, the culprit is let off scot-free. Oftentimes, an out-of-court settlement is made with the victim’s families, or loopholes in the legal system are used to get free. The legal proceedings and high fees of a lawyer are too much to bear for the poor families which is why they are forced to withdraw the case.

The onus to bring change rests upon the shoulders of civil society. We are responsible for the atrocious incidents seen in the media which we condemn. Protests against crimes involving domestic helpers including children take place on social media for a week or two, only to die down and be forgotten. Social norms and employers’ expectations need to be changed. For a better future for domestic helpers, it is imperative to devote more resources to implementing existing laws.

Policy reforms alone will not bear fruit if the root cause behind the vile treatment of domestic help is not addressed. Poverty is the main cause of child labor and the rise in domestic helpers. The absence of sufficient economic support deprives the masses from seeking opportunities needed to build a better life. These helpless conditions force generations into child labor and being employed as domestic helpers.

The UN-ESCAPs reports that Pakistan is at the bottom in terms of spending on social protection. Immediate solutions to this neglected issue will only provide short-term results. Investing in social protection for poverty reduction goes a long way. The civil society needs to raise the demand to address the root causes of child labor and unfair treatment of domestic workers. Sustainable outcomes are necessary to uproot this evil from society.

Child labor without a doubt needs to be erased from existence. As for domestic work, it is a critical source of employment for millions of women and girls and many of them take pride in what they do. In essence, they are “the help” as they take care of several things that constitute the very fabric of our daily lives. As good Samaritans and moral human beings, the least we can do is ensure these workers receive the respect, treatment, dignity, and salary that they deserve.

*This Blog post is written by Saaremeen Fatima Sayyami. She is an Intern at Accountability Lab Pakistan.

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