Law to Protect Domestic Workers’ Rights

Context: Recently, the Supreme Court of India directed the Union government to explore the possibility of enacting a separate law for domestic workers. The Court ordered the Centre to form an inter-ministerial committee to assess the need for a legal framework to protect and regulate the rights of domestic workers.

Challenges Faced by Domestic Workers

• Lack of Legal Protection: Domestic workers remain largely excluded from key labour laws, such as:
  • Minimum Wages Act
  • Equal Remuneration Act
  • Some states have regulations, but there is no national law binding all states.
• Feminised Occupation: A significant portion of domestic workers are women and migrants from marginalised communities.
• Wage Disparities and Poor Working Conditions: Wages and benefits vary based on tasks and employment type.
  • Many workers face low wages, job insecurity, and a lack of social security measures.
  • Increased workloads often come without extra compensation.
• Social Perception & Workplace Issues: Domestic work is undervalued, and perceived as a “natural skill” for women.
  • Employers often mistreat workers, with cases of harassment and humiliation rarely making it to the media.
• Legal Recognition Issues: India has not ratified ILO Convention 189, which mandates protections for domestic workers.
  • Past judicial interventions for registering placement agencies have not led to significant improvements.

Need for Separate Legislation

Despite arguments that new labour codes are inclusive, there are compelling reasons for separate legislation:

• The Code on Wages (2019) does cover domestic work but does not address the unique complexities of employment types (part-time/full-time, live-in/live-out).
• The private nature of domestic work creates an asymmetric relationship between employers and employees, making regulation challenging.

Defining Domestic Work & Proof of Employment

• A clear and inclusive definition of domestic work is essential.
• Proof of employment is a major hurdle:
  • Experience from multiple states shows that workers struggle to provide evidence of employment for the Minimum Wages Act
  • Domestic workers’ unions advocate for mandatory employer registration of workers to ensure compliance.
• Resistance from Employers: Many employers do not see themselves as formal employers.
  • Their resistance to registering domestic workers must be factored into policy decisions.

Future Directions

• Minimum entitlements and redressal mechanisms could help challenge existing power hierarchies.
• A national law should take into account regional and local conditions, with Kerala and Delhi serving as case studies.
• Unions’ perspectives must be included while framing the legislation.
• While a law may not immediately improve conditions, it could:
  • Redefine power relations over time.
  • Strengthen workers’ voices and unions.
• The success of this initiative depends on:
  • The committee’s recommendations.
  • The Union government’s follow-up actions.

Sharing is caring!