EMPLOYING A MINOR AS DOMESTIC HELP

 

It is becoming pretty common to see young couple within our community here in Delhi and other major cities around India raising their children without the help of the traditional pattern of child-rearing –the grandparents. But in most instances, the young couples are bound to employ domestic help, especially the help of young girls.

It’s good to see our younger generation seeing household chores as worth a full-time job, but in doing so, there are certain rules and laws, as well as human rights involved that one must be fully aware of, so that we don’t destroy someone's life in the process.

It is rare to see cases of young children being sexually abused within our community, but financial exploitation like underpaying could be rampant thought it is conveniently swept under the carpet. In order to raise awareness, here are few points to note especially child labour and child abuse.

CHILD LABOUR

What is Child Labour?
Child Labour, in simple term, refers to work performed by children that HARMS them or EXPLOITS them in one or more ways (physically, mentally, morally, or by blocking access to basic rights like freedom, education, etc.).

Not all labour of children constitute child labour, and there is no universally accepted definition of ‘child labour’, however, if the work done by the child is considered to be harmful or exploitative, or that the child feels that he/she is being harmed or exploited, it is considered as child labour.

Who is a child?
Any child yet to attain the age of 14 years [Child Labour (Prevention & Regulation) Act].

However, depending on the kind of work being done by the child, the employer can also be prosecuted for harbouring child labour by employing anyone yet to attain the age of 18.

Punishment for Employing Child Labourer:
Penalty for violators: 3 months – 1 year of imprisonment and/or fine of Rs. 10,000 - Rs.20,000, Penalty for repeat violators: 6 months to 2 years of imprisonment.

A child working as a domestic help is also considered as child labour if the work done by the child in any ways comes to disrupts, hamper or block the child’s basic human rights. The child’s basic rights include the right to survival (food, nutrition, shelter); to develop to the fullest (cognitively, physically and developmentally); to be protected from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life.

Majority of child labourer are in need of care and protection, as such, the Juvenile Justice Act, which define a child as anyone yet to attain the age of 18 years, will be applied. Which means, if the domestic help you employed is younger than 18 years of age and the Child Welfare board think he/she is in need of care and protection, the Juvenile Justice Act will be applied. The Juvenile Justice Court is not a civil court, as such it is pro-child, trials are swifter and punishment are much harsher than under the Child Labour Act.

CHILD ABUSE

What is child abuse?
Child abuse is the INTENTIONAL injury or maltreatment of a child by any significant people in the child’s life which lead to temporary or permanent impairment of the child’s physical, mental or psycho-social development, or disability or death.

‘Significant people’ includes anyone of any age, any sex, related or unrelated to the child, including parents, legal and non-legal guardians, employers, etc.

Who is a child?
Anyone yet to attain the age of 18 years of age [Juvenile Justice (Child in Need of Care & Protection) Act].

What constitute child Abuse?
Abuses are of three major types – physical, emotional & sexual. But financial exploitation is also considered as a form of abuse nowadays.

1. Physical Abuse includes – any act of physical aggression including beating, trashing, slapping, punching, pinching, pulling by hair or clothes, pushing, throwing, biting, burning with hot object, branding, aggressive handling, arm twisting, etc.
2. Emotional Abuse includes – verbal and non-verbal; cursing, humiliating, degrading, frightening, threatening, belittling, name-calling, habitual blaming, constant hostility toward them, etc.
3. Sexual Abuse includes – touching and non-touching behaviours including kissing, fondling, touching private part, rubbing genitals on the child, forcing them to touch your private parts or forcing them to any kind of sexual activities, and inserting body parts and/or objects in into the private part, anus and mouth of the child or attempting to do that. The non-touching behaviour includes undressing, voyeurism, exposing them to pornography or exhibition of private parts to them.
4. Financial Exploitation includes – paying less, not paying or not paying in time, withholding payment for reason or no reason, etc.

Employing anyone below the age of 14, no matter what are the conditions and terms you agreed on, is a crime. In such case, if any other person like the parents of the child agreed to let the child be employed, the parents too could be prosecuted for human trafficking.

Abusing anyone, no matter what type of abuse it is, is a crime, and the crime become graver if the abused person is yet to attain the age of 18. The JJ Act also includes the parents/guardian as possible perpetrators, so it is applicable for the family as well i.e. if you abuse your own children, your children can charge you for abuse.

Concluding Remarks: We the north-eastern are often labelled as westernized, it is true to some extent. However, we still have this traditional tribal mind-set when it comes to laws and legal matter by solving it through traditional channel, or making traditional arrangement to help with domestic chores by providing basic education to the child while helping with the domestic chores, or taking children under guardianship.

It is good that if we are providing education to the less fortunate children of our relatives, and it is good if we could maintain consensus and avoid ugly legal wars by solving serious matter including murder using our traditional channel. But in many instance, societal sanction against certain behaviours is just not enough to deal with the magnitude of the crime and the crimes of the perpetrators. In cases like child sexual abuse, the abusers usually are serial abuser. And there is no denying that there certainly must be some such cases among us.

PS: In cases that come under the Juvenile Justice Act, the child can be made to undergo medical test to determine his/her age even if a proper birth certificate is provided.

Child Helpline : 1098

HEALTH CARE AS HUMAN RIGHTS

THE HUMAN RIGHTS BASED APPROACH TO HEALTH CARE

Health is a fundamental human right indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity.[1] - (International Covenant on Economic, Social and Cultural Rights, 2000)

The human right to health means that everyone has the right to the highest attainable standard of physical and mental health, which includes access to all medical services without any kind of discrimination. It means that hospitals, clinics, medicines, and doctors’ services must be accessible, available, acceptable, and of good and equal quality for everyone, on an equitable basis, where and when needed.

The design of a health care system must be guided by the following key human rights standards and principles:

• Universal Access: Access to health care must be universal, guaranteed for all on an equitable basis. Health care must be affordable and comprehensive for everyone, and physically accessible where and when needed.
• Availability: Adequate health care infrastructure (e.g. hospitals, community health facilities, trained health care professionals), goods (e.g. drugs, equipment), and services (e.g. primary care, mental health) must be available in all geographical areas and to all communities.
• Acceptability and Dignity: Health care institutions and providers must respect dignity, provide culturally appropriate care, be responsive to needs based on gender, age, culture, language, and different ways of life and abilities. They must respect medical ethics and protect confidentiality.
• Quality: All health care must be medically appropriate and of good quality, guided by quality standards and control mechanisms, and provided in a timely, safe, and patient-centred manner.

The human right to health also entails the following procedural principles, which apply to all human rights:

• Non-Discrimination: Health care must be accessible and provided without discrimination (in intent or effect) based on health status, race, ethnicity, age, sex, sexuality, disability, language, religion, national origin, income, or social status.
• Transparency: Health information must be easily accessible for everyone, enabling people to protect their health and claim quality health services. Institutions that organize, finance or deliver health care must operate in a transparent way.
• Participation: Individuals and communities must be able to take an active role in decisions that affect their health, including in the organization and implementation of health care services.
• Accountability: Private companies and public agencies must be held accountable for protecting the right to health care through enforceable standards, regulations, and independent compliance monitoring.

 The Human Right to Health is protected by international laws and Indian laws as in:

• Article 25.1 of the Universal Declaration of Human Rights affirms: ‘Everyone has the right to a standard of living adequate for the health of himself and of his family, including food, clothing, housing and medical care and necessary social services’.
• Article 12 of the International Covenant on Economic, Social and Cultural Rights that affirm: Health is a fundamental human right indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity.
• Article 24 of the Convention on the Rights of the Child;
• Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination;
• Articles 12 & 14 of the Convention on the Elimination of All Forms of Discrimination Against Women;
• Article 25 of the Convention on the Rights of Persons with Disabilities;
• Article 21 of the Indian Constitution that prescribe right to life and personal liberty -the Supreme Court has brought Article 21 to prescribes for the right to health, along with numerous other civil, political and economic rights, etc.
• Various articles under the Directive Principle of State Policy and Health: Article 38 imposes liability on State to secure a social order for the promotion of welfare of the people, Article 39(e) related with workers to protect their health, Article 41 imposed duty on State to public assistance basically for those who are sick and disable and Article 42 makes provision to protect the health of infant and mother by maternity benefit. Besides, Article 47 considers it the primary duty of the state to improve public health, securing of justice, human condition of works, extension of sickness, old age, disablement and maternity benefits and also contemplated.

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[1] General Comment No. 14 (2000) (1), Article 12 of the International Covenant on Economic, Social and Cultural Rights

tags: zo, zomi, zogam, lamka

HIV/AIDS Counselling: Disclosure Counselling

DISCLOSURE COUNSELLING

This type of counselling assists clients to understand the need to share their HIV status with trusted loved ones for the purpose of support and care. In addition, it assists clients understand the importance of disclosure to reduce risks of re-infection by partner(s).

PLWHA may need support to disclose their status to loved ones and their loved ones may need support to cope with their feelings about the information. This is what makes Disclosure counselling a complicated process because the counsellor has to give support to the primary client but also to the significant others of the client and in some instances it is the counsellor that may have to disclose the HIV status of client to loved one.

Motivations for disclosure vary greatly, and debates about “degrees of disclosure” have been evoked. The “degrees of disclosure” refer to level of disclosure a client seeks, some want to disclose to loved ones while others may want to go public with their disclosure to help in reducing stigma in the community and to work as HIV/AIDS activists.

The Benefits of Disclosure Counselling

• Helps the client ensure that an HIV negative partner does not become infected
• Help ensure that positive partner can also access early care, treatment and support
• It can also reduce the risk of an unborn baby contracting HIV from its mother.

Guidelines for disclosure counselling

• Counsellor must respect a client’s decision not to disclose to partner when adamant and not put any pressure on client to disclose status out of coercion.
• Counsellor must never disclose client’s status without consent.
• The Counsellor must support client through the decision-making process with on-going counselling sessions.
• If the client refuses or is taking time to disclose status then Counsellor must work and encourage the client to identify at least actions that would be adopted to reduce risk of infecting partner during this period.
• The Counsellor must be ready to have series of counselling sessions with client before arriving at a final decision.

PARTNER NOTIFICATION IN DISCLOSURE

There are three ways in which partner notification can be carried out. They are:

• Client Referral: This is a situation where the PLWHA chooses to inform the partner himself or herself. The advantage of this sort of disclosure is that Client is familiar with the partner and knows the best way to approach difficult issues with the partner and also knows what to do to calm or appease partner during such emotional crisis. The disadvantage is that the client lacks the counselling skills and experience which may help to alleviate the situation.
• Counsellor referral: This is a situation whereby the Counsellor provides disclosure of client’s status to client’s partner with client’s consent.
• Dual referral: In this situation the partner is informed by both client and counsellor after rehearsal has been done to see how best the disclosure can be carried out. The advantage of this sort of partner notification is that both client and counsellor can promptly react to any situation that arises from partner, the counsellor handling the situation with a professional touch while the client gives it a personal colouring.

Disclosure counselling, especially partner notification, is a controversial subject still highly debated in many countries and society, so it is wise to consider every aspect including the legal provision of the country.

REFERENCES

1. World Health Organization (1994); Source Book for HIV/AIDS Counselling Training,
2. Thomas, Prof. Gracious (2010), HIV/AIDS: Stigma, Discrimination and Prevention, IGNOU, New Delhi
3. World Health Organization (2004): Voluntary HIV Counselling and Testing, Manual for Training of Trainers, New Delhi, India
4. NACO (2011): Annual Report 2010 – 2011, National AIDS Control Organisation, Ministry of Health & Family Welfare, GOI
5. UNAIDS (2007); Counselling and HIV/AIDS, UNAIDS Technical Update, Best practice Collection