COVER HINDI - Ministry of Women and Child Development

Minimum age for emigration clearance to
women as housemaid/domestic workers in
Gulf countries and other foreign countries/
suggestions on amendments to emigration
Act.
10.16 The Commission was requested for advice by the
Ministry of Labour as to what should be the proper age of
Indian housemaid for deployment for work in foreign
countries. A series of meetings was also held with the
Ministry of Overseas Indian Affairs concerning the age of
Indian housemaid/domestic workers in foreign countries.
The Commission has taken a view that although there is a
requirement for flexibility and fewer imposition of age
restrictions on women seeking to go abroad for
employment purposes, but strong security measures need
to be put in place before this is done and in any case NCW
has recommended that in no case should minors be allowed
to emigrate abroad for purposes of employment.
Background on the subject and the recommendations of
the Commission are as under:-
Background
10.17 As Indian women working as housemaids,
particularly to the gulf countries are vulnerable to physical
and sexual exploitation, the National Commission for
Women had been requested to advise the Ministry of
Labour as to what should be the proper age of Indian house
maids for deployment for work in foreign countries.
10.18 On 29-11-2001, the matter was discussed in the
Commission’s meeting and it was decided that as young
girls sent as housemaids were helpless and ignorant
without any exposure to the outside world, hence the
appropriate age limit for Indian housemaids to work in
foreign countries should be 30 years and above. This is
keeping in mind the age and maturity factor. The
Commission was of the view that a girl of 16 or 17 can
pass off as an 18 year old but certainly not as a 30 year
old. The same was intimated to the Ministry of Labour on
24-12-2001.
10.19 This position was reiterated again on June 21, 2004,
in reply to the Ministry’s request for reconsideration on
granting emigration clearance for 54 Emigration Clearance
Not Required (ECNR) countries and allowing women below
30 years to emigrate as domestic help to foreign countries.
Thereafter the matter was again referred to the Commission
in 2005 by the Ministry of overseas Indian Affairs and the
Commission took the view that it was not advisable to relax
the age for domestic maids in foreign countries
10.20 Subsequently, during the meetings with the Ministry,
it was pointed out that it would be desirable to bring down
the age limit from 30 to 21 years, since the earlier limitation
was adversely affecting the employment opportunities for
women; the Commission was requested to reconsider the
matter particularly in view of the background note
submitted by the Ministry of Overseas Indian Affairs.
10.21 Recommendations of the Commission
i) After having considered the entire issue, the
Commission was of the view that the age limit of 30 years,
may hinder employment opportunities for women in
foreign countries and view was taken that the age limit
could be relaxed to 21 years subject to certain conditions
as mentioned below and on basis of the consensus between
the Commission and the Ministry.
ii) Conditions – need for minimum guarantees
— Total ban on minors migrating for any form of work/
employment to foreign countries
— Protection to women employed in foreign countries
to ensure minimum wage, housing, medical
facilities, working hours and other conditions of
service and a sound mechanism to receive
complaints from women requiring help against ill
treatment and sexual exploitation
— the proposed amendments to the Emigration Act
seeks to create a welfare fund for protection and
welfare of emigrants , the fund should also be
utilized for providing legal representation to women
who are victims of sexual abuse and trafficking and
ensuring protection to victims
— strict action against recruiting agents or any person
if they are found to traffic young girls under guise
of domestic or any other work –this should be
specifically mentioned as an offence under the
Emigration Act
— Need for a collaborative approach involving
Government as well as national and international
organizations to make migration a safe option
— Establish women /gender cells in embassies abroad
and appointment of nodal officer to deal with cases
— Provision for compulsory orientation and awareness
programme for domestic maids and other women
National Commission for Women 161