Caregivers can't be forced to work all day; limit it to 8 hours a day: Kerala Administrative Tribunal

The Kerala Administrative Tribunal (KAT) at Thiruvananthapuram recently held that forcing ayahs (caregivers, nursemaids) to work round-the-clock without proper breaks was arbitrary and violative of their rights under Article 21 of the Constitution [Sethulakshmi & Ors v State of Kerala & Ors..The tribunal ordered that the work timings of caregivers in State-run institutions must be limited to eight hours a day and forty-eight hours a week. A shift-based system should be implemented within four months, the tribunal added.It also asked the concerned superintendents of these institutions to implement the modified working hours by introducing appropriate changes to the management manual of their respective institutions.The tribunal passed the ruling on a plea by five ayahs working at homes for senior citizens and mentally deficient children (Pratheeksha Bhavan and Asha Bhavan) run by the State's Department of Social Justice.The caregivers had approached the tribunal complaining of being forced to work 24 hours a day for six days a week.In its May 30 judgment, a Bench of Justice (retired) PV Asha and member Dr Pradeep Kumar granted the caregivers relief and emphasised that the State cannot deny ayahs just and humane working conditions. "It is declared that compelling Ayahs like the applicants to perform duties 24 hours a day continuously and 6 days a week without break is arbitrary and unconstitutional," the order stated. .The caregivers had told the tribunal that the State authorities imposed an excessive workload on them, which required them to work 24-hour shifts, six days a week.Advocate A Aruna, the counsel for the caregivers added that apart from long working hours, they rarely received breaks, which affected their health and personal lives.While the Health Department had set shift timings for paramedical staff, the Department of Social Justice did not establish a similar eight-hour work day or a 48-hour work week for ayahs, the tribunal was told..The State authorities, however, denied the claim that the caregivers were being forced to work round-the-clock. The Director, Department of Social Justice submitted that the ayahs had been appointed to institutions meant to help marginalised people. These were residential posts and ayahs were given sufficient leaves. Some of the applicant-caregivers were also assigned shifts to ensure smooth operations, the State authority said.The State authorities also mentioned that special rules for Kerala Last Grade Servants governed all aspects of the ayahs' duties and leaves. Superintendents were responsible for setting the working hours and duties according to a 2014 management manual, it was added..The tribunal noted that ayahs, who cared for mentally and behaviorally challenged inmates, had tasks beyond what was listed in the 2014 Management Manual. Given the nature of care required by these inmates, these caregivers had to remain attentive throughout the night as well, not just during the day. Therefore, the tribunal opined that it was incorrect on the part of the State to say that ayahs could rest each day after 9 PM.The tribunal emphasized that the State needs to be mindful of the ayahs' working hours as per Articles 23 and 24 of the Universal Declaration of Human Rights, 1948 (UDHR), which ensures the right to fair working conditions and rest for everyone."The respondents have to recognize the fact that they (ayahs) are also human beings having every right as declared under Article 23 of Universal Declaration of Human Rights (UDHR), to free choice of employment and they are having the right to rest and leisure as well as reasonable limitation of working hours as provided in Article 24 of the UDHR," the tribunal added..It stressed that the management manual dictating the duties of an ayah cannot deny them hospitable working conditions. Such actions by the State authorities would violate their right to live with dignity under Article 21 (protection of life and personal liberty) of the Constitution, the tribunal said."Their fundamental right to live with dignity guaranteed under Article 21 of the Constitution of India, can in no way be diluted by way of a management manual. On the other hand the respondents are duty bound to ensure their rights," the tribunal added, while allowing the application filed by the caregivers..The applicants (caregivers) were represented by advocate A Aruna. Senior Government Pleader Sreeja Thulasi appeared for the State..[Read Order]