Introduction

Globalisation has contributed positively to migration flow all over the world, and the flow of temporary migrant workers from all parts of the world to all directions is increasing. Within this, the movement of unskilled women workers from developing to developed countries is a common phenomenon, in which the bulk of them migrate for occupations such as domestic work. In the process, they earn low wages and tolerate harsh working conditions. Domestic workers probably form one of the most vulnerable groups of migrants in any country.

Trends in Migration of Women

How many Indians work abroad? What is the total stock of international migrants from India? According to the Ministry of Overseas Indian Affairs (MoIA) Annual Report 2008-09, "India has the second largest overseas community with an estimated 25 million overseas Indians spread across over 11 countries in the world." However, there is neither any data on migrant workers from India nor any break-up by gender. Recent research by the author as part of work being done by the Centre for Development Studies, sponsored by the Asian Development Bank, to assess the economic crisis in the Gulf and its impact on migrant workers in South Asia shows that the total number of workers in the Gulf is 5 million. Similarly, four large-scale migration surveys were undertaken by the Centre for Development Studies, covering 15,000 households over the last ten years, to estimate the stock of emigrants from Kerala. The 2008 Kerala Migration Survey (the fourth migration survey conducted by the Centre for Development Studies) estimated the total number of emigrants from Kerala to be 2.2 million, of which 14.6 per cent are women (Zachariah and Rajan, 2007.) If we apply this ratio to the author`s estimate of the total number of workers in the Gulf from India, the total number of women workers in the Gulf may be estimated to be 7,37,300. Based on the research experience on international migration and women in Kerala (The Centre for Development Studies has conducted four migration surveys in Kerala over the last ten years in1998, 2003, 2007 and 2008; the fifth one is planned for 2010) and our recent work on housemaids (Rajan and Sukendran, 2010a), we would like treat half of them as domestic workers and the other half as semi-skilled and unskilled workers such as nurses and other professionals. Thus, the estimated number of women domestic workers from India is 3,68,650. The information furnished through correspondence by the Indian Embassy in Kuwait indicated that in 2008 there were about 73,209 women domestic workers. To understand the living and working conditions of housemaids, information on the flow of housemaids from South India for the last three years and those who have returned was tracked. The data compiled from Chennai are presented in Table 1. The data indicate that the housemaids, migrating through the office of the Protector of Emigrants (POE), Chennai, has declined over a period of time except in the case of those going to Kuwait. There is, however, the unofficial movement of several women through different routes to Gulf, seeking work as housemaids. Because of the strict rules of mobility of women, who hold ECR passports, to the ECR countries, the women, therefore, probably move to non-ECR countries without ECR clearance. (Bindhulakshmi, 2010)

There have also been reports in the press about the number of housemaids in the Gulf region. To quote the High Level Committee on Indian Diaspora, which submitted its report in 2001, "Out of a total of 2,94,000 Indian residents in Kuwait, about 1,13,000 of them are domestic servants, and, of them, about 49,000 are housemaids."

Lacunae in the Immigration Act

The World Bank (2009) placed India as the highest receiver of remittances in the world in 2008, that is, US$ 52 billion. The bulk of these remittances are sent by unskilled workers in occupations such as construction and domestic work in the Gulf, and who have little legal protection and few labour rights in both the countries of origin and destination.

The Passport Act 1967 categorically states, "[N]o person shall depart or attempt to depart from India unless he holds in this behalf a valid passport or travel document. Section 22 of the Emigration Act, 1983 provides that no citizen of India shall emigrate unless he/she obtains emigration clearance from the Protector of Emigrants." Such clearance is allowed only after the POE verifies the relevant employment contracts. However, the Act excuses some categories of people for whom emigration clearance is not required, and refers to these as `Emigration Check Not Required` (ECNR).

India is probably the only country in the world, which divides its citizens thus and issues two categories of passports: ECR and ECNR. In effect, this has also divided the globe into two categories: ECR and ECNR countries. In short, of 192 countries in the UN system, the Government of India does not insist on emigration clearance even for ECR passport holders in 175 countries. ECR clearance is required for ECR passport holders seeking employment in only 17 countries: the United Arab Emirates, the Kingdom of Saudi Arabia, Qatar, Oman, Kuwait, Bahrain, Malaysia, Libya, Jordan, Yemen, Sudan, Brunei, Afghanistan, Indonesia, Syria, Lebanon and Thailand, alongside Iraq. (Rajan, et al, 2010b)

This dual system has to be scrapped with immediate effect. In fact, ECR passports seem to have become `Exploitation Compulsorily Recommended` passports by officials handling migration governance in India! Due to this dual mechanism, the cost of migration and the cheating by the recruitment agents, the migrants, in particular the women, have become more vulnerable. (Zachariah and Rajan, 2007)

Imposing Age Bar on Migration of Women

There was no discrimination in India`s migration policy against women or domestic workers up to 1999. The first instance of such discrimination occurred in 1999 when the Government of India banned deployment of Indian workers to Kuwait as housemaids and male domestic workers. Whereas the Ministry lifted the ban on male domestic workers, its order dated 29 May 2000 made "no change in the decision regarding the deployment of housemaids in Kuwait." Further, through another order dated 9 July 2002, the Ministry fixed 30 years as the minimum age prescribed for the deployment of Indian citizens as housemaids in the Gulf countries, with immediate effect. On 20 November 2003, the Ministry directed all POEs not to give emigration clearance to women below 30 if they were seeking employment as housemaids/ domestic-workers in any foreign country. This was re-emphasised in the order of the MoIA, dated 21 May 2007, which stated, "The newly established Ministry of Overseas Indian Affairs (MoIA) brought an air of relief to prospective women emigrants when it issued its first order in this regard on 4 May 2007 stating that `women below the age of 30 years may not be granted emigration clearance, who seek any kind of employment including employment as housemaids, domestic workers, hair dressers, beauticians, dancers, stage artists, labourers, general workers, etc., in any foreign country`. The age bar is extended to all women emigrants with ECR passport from 1 August 2007" . (for more details, see Rajan, et al, 2010b, and Bindhulakshmi, 2010) This once again discriminates against women workers, in the name of protection and welfare.

Protection and Welfare of Domestic Workers

How can domestic workers be protected? The following guidelines are suggested. The Government of India and state governments, with the support of non-governmental organisations, should organise capacity-building training programmes for all workers in the `domestic help` category before they leave the country. Improving the capabilities and working skills of such workers should be accorded top priority in the countries of origin.

The Memorandum of Understanding (MoU) with countries of destination, especially the Gulf, should consider minimum working age, working hours, transfer of salaries through designated bank accounts and holidays, and allow domestic workers to organise themselves into groups that can, if necessary, present their demands in future. India should call upon the countries of destination to bring domestic workers under their labour laws.

All governance of migration points, in the countries of origin and destination, such as the passport office, emigration clearance office, airport office, immigration and customs offices, and the Indian embassies should have designated counters handled by women officers for domestic women workers. At the end of day, women should be allowed to move freely and safely and permitted, to migrate in an orderly manner, unfettered by any kind of discrimination, as with their male counterparts.

References

1.     Bindhulakshmi P (2010). "Gender Mobility and State Response: Indian Domestic Workers in the United Arab Emirates". Rajan, S. Irudaya,  (ed.) Governance and Labour Migration: India Migration Report 2010 (16381). New Delhi: Routledge.

2.     Rajan, S. Irudaya and Sukendran S. (2010a). "Understanding Female Emigration: Experience of Housemaids". Rajan, S. Irudaya, (ed.) Governance and Labour Migration: India Migration Report 2010. New Delhi: Routledge.

3.     Rajan S. Irudaya, Varghese , V.J. and Jaykumar M.S. (2010b). "Looking Beyond the Emigration Act 1983: Revisiting the Recruitment Practices in India". Rajan, I. (ed.) Governance and Labour Migration: India Migration Report 2010 ( 251-87). New Delhi: Routledge.

4.     Zachariah, K.C. and Rajan, S. Irudaya (2007). Migration, Remittances and Employment: Short-term Trends and Long-term Implications (CDS Working Paper No. 395). Thiruvananthapuram: Centre for Development Studies.