Transnational Governance and Migrant Domestic Workers: Examining the Role of State and International Organisations in Protecting Indian Migrant Domestic Workers in the Middle East

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Indian Journal of Law and Justice

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Biswas, Sujit Kumar

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University of North Bengal

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Migrant labour stands as a cornerstone of the global economy, providing vital support to various industries and segments across globe. In 2019, the ILO assessed that globally there were 169 million international migrant workers, accounting for nearly 5 percent of the global workforce, of which 42 percent were women. In recent years, the spotlight has increasingly turned to the plight of migrant domestic workers. Most of them face abusive working conditions, lack access to fundamental socio-economic and labour rights and are exposed to sexual and gender-based discrimination and violence. Over a significant period a massive number of Indian domestic workers have travelled to countries in the Gulf region, South East Asia and sporadically even to countries in Europe and North America- reported by National Domestic Workers Movement (NDWM). Despite their significant contributions to global economies, migrant domestic workers often encounter various forms of exploitation and vulnerability, especially in Middle East countries, where kafala system is in practice. In this backdrop, the paper delves into the intricate dynamics of transnational governance concerning the safeguard of the migrant domestic workers from India, with a definite focus on the role played by international organizations. Through an analysis of national policies, international frameworks, including those led by prominent organizations such as the International Labour Organization (ILO) and the United Nations (UN), this research critically assesses the effectiveness of existing mechanisms in safeguarding the rights of the migrant domestic workers from India. It identifies key gaps and challenges in transnational governance and proposes recommendations to reinforce protection measures and enhance the empowerment of migrant domestic workers. The findings underscore the pressing need for concentrated efforts by countries and international organizations to address systemic issues and ensure dignified treatment and rights of migrant domestic workers from India in the global labour market.

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17

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01

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0976-3570

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105 - 134

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