The Bill in its present form is very detrimental to the safety of women and children in the Source Areas. This is because providing legal sanctity to placement agencies without monitoring mechanism in the source areas will lead to increase in trafficking and the traffickers will work with impunity in the source areas on the basis of legal sanctity in Delhi. The registration in Delhi without monitoring mechanism in source areas will lead to increased vulnerability to women and children in the region.
Shakti Vahini strongly feels that the legislation for placement agencies should be undertaken as a central legislation on the lines of Inter State Migrant (Workmen) Act or the Emigration Act which provides for registration of placement agency indulging in sending workmen across Borders. Even the initiative undertaken by the Delhi Government will create confusion for law enforcement agencies as these agencies will be out of the Monitoring mechanism in NCR Regions like Faridabad , Noida , Ghaziabad , Meerut , Gurgaon , Sonipat and Panipat.
Also since “The Delhi Private Placement Agencies (Regulation) Bill 2012 ” provides regulation of placement agencies involved in Trafficking of women and children it is very important that each and every section of this bill should be in consonance with the UN Protocol on Trafficking which India has Ratified in May 2011.
The committee constituted by the Govt of NCTof Delhi , Labour Department , 5 Shamnath Marg , Delhi 110054 dated 20 April 2012 has no representation from either the Department of Women and Child or leading organizations working on Child Labour issues or Anti Trafficking. Primarily the need of such legislation was created due to the rampant and large scale trafficking of Women and Children from across Jharkhand , Chattisgarh , West Bengal , Assam and Bihar for Domestic Labour and Forced Labour in Delhi.
1. The “Delhi Private Placement Agencies (Regulation) Bill 2012 ” provides for no welfare mechanism for the Domestic Worker nor stipulation of minimum wages .
2. “The Delhi Private Placement Agencies (Regulation) Bill 2012 ” provides for no monitoring mechanism in procurement areas.
3. “The Delhi Private Placement Agencies (Regulation) Bill 2012 ” does not make it clear that whether the registration in Delhi will entitle the placement agency to recruit persons from the source states
4. “The Delhi Private Placement Agencies (Regulation) Bill 2012” has not clearly spelt out the rights of the Domestic workers. There is no mechanism set up in the Bill whereby domestic workers can lodge complaint of Sexual Harassment / Sexual Assault by placement agents. This is also important because as per the Draft Bill the Placement agency will have complete control over the domestic worker and at every stage there will be exploitation which is already rampant. The worst part of the Bill which has been shabbily drafted is that it tends to legalise the large scale trafficking of women and children from the source areas by providing legal sanctity to placement agencies who are involved in thousands of missing children across the country .
5. In clause 10(c) it has been mentioned that the Domestic worker has to satisfy the agency about his character and antecedents. This clause will be misused by placement agency as most of the Domestic workers who are brought from the source areas continue to remain in bonded and trafficked condition.The character certificate will be procured by the placement agencies and it will become a tool for exploitation.
6. “The Delhi Private Placement Agencies (Regulation) Bill 2012 ” does not mentions the duties of the employer towards the Domestic Worker or the rights of the Domestic worker at the work place.
7. No provision of legal aid / welfare mechanism for domestic workers / social security benefits has been incorporated in the “The Delhi Private Placement Agencies (Regulation) Bill 2012 ”.
8. Making contravention of Section 17 of the “The Delhi Private Placement Agencies (Regulation) Bill 2012 ” a criminal act is discriminatory as Domestic worker will be harassed just for issue of Identity Cards by the Placement Agencies. It provides for stringent punishment of Domestic worker.
9. Many provisions of the “The Delhi Private Placement Agencies (Regulation) Bill 2012 ” indirectly provides for penal action against the Domestic Worker. Provision in Section 24 (V) is discriminatory.
10. The competent authority cannot provide for permission to placement agencies for supply to Foreign countries as the relevant permission has to come authority established under the Emigration Act.
11. “The Delhi Private Placement Agencies (Regulation) Bill 2012 ” does not provide for the Social Security scheme for Domestic Workers and the liability of the placement agency to ensure the implementation of the same.