We Need a Law to Protect Domestic Workers

Syllabus: GS1/Society; GS2/Governance

Context

• The Supreme Court of India’s directive to the Union government to enact a comprehensive law outlining the rights of domestic workers and to establish a committee for drafting the legislative framework remains shrouded in uncertainty, and progress remains slow.

Status of Domestic Workers in India

• India’s domestic workforce is vast — estimates range from 4 million to 90 million workers. The majority are women and girls, many from Scheduled Caste (SC) and Scheduled Tribe (ST) communities.
  • Their marginalised backgrounds and the private nature of domestic work expose them to harassment, exploitation, and abuse.
• According to the Ministry of Labour & Employment, there are over 30.94 crore unorganized workers, including domestic workers, who are registered on the eShram portal as of July 2025.
• Work Conditions:
  • Many work in isolation, often in multiple households.
  • Lack of oversight makes workplace inspections nearly impossible.
  • Child labour and trafficking remain rampant.
  • Employment is largely unregulated and mediated by exploitative agencies or brokers.

Key Gaps in Protection for Domestic Workers

• Lack of Comprehensive Legislation: India does not have a national law specifically protecting domestic workers.
  • Domestic workers are often excluded from minimum wage laws, maternity benefits, and social security schemes.
  • Many work without contracts, making it difficult to claim rights or report abuse.
• Policy Failure: The National Platform for Domestic Workers (NPDW), founded in 2012, drafted the Domestic Workers (Regulation of Work and Social Security) Bill, 2017, but it was never enacted.
• Gender and Caste Vulnerabilities: Around 80% of domestic workers are women, many from SCs & STs, making them more vulnerable to exploitation.
• Unpaid and Invisible Labor: According to the Time Use Survey, women spend over 305 minutes daily on unpaid domestic services.
  • This unpaid labor is often unrecognized, limiting women’s access to paid employment and financial autonomy.
• Access to Social Infrastructure: Domestic workers are often excluded from urban planning, lacking access to housing, healthcare, and sanitation.
• Health and Safety Concerns: During the pandemic, many domestic workers struggled to access vaccines due to high costs and lack of availability at government centers.
• Workforce Participation Gaps: Despite being a large segment of the labor force, women’s participation remains stagnant at 26%, with domestic work often being informal and underpaid.
• International Standard: The ILO’s Convention 189 (2011) established global standards for domestic workers’ rights.
• India voted in favour but has not ratified the convention.

Related Government Initiatives & Efforts

• eShram Portal (2021): Aims to register unorganized workers, including domestic workers.
  • Provides a Universal Account Number (UAN) for access to social security schemes.
• Draft National Policy: The Ministry of Labour & Employment is considering a National Policy for Domestic Workers, which includes:
  • Right to register as unorganized workers;
  • Minimum wages and social security;
  • Protection from abuse and exploitation;
  • Access to courts and grievance mechanisms;
• Employment Generation Schemes: Programs like Atmanirbhar Bharat Rojgar Yojana (ABRY) aim to incentivize employment and formalize labor, indirectly benefiting domestic workers.
• National Platform of Domestic Workers (NPDW): On International Domestic Workers Day (June 16, 2025), NPDW demanded:
  • A national law for the estimated 30 million domestic workers;
  • Inclusion in formal labor protections;

Way Forward

• Legislative Framework: A comprehensive national law should consolidate protections across States.
  • All States must stipulate and regularly update minimum wages.
  • Registration of employers, workers, and agencies should be compulsory.
  • A tripartite board (employers, employees, State) should issue and maintain workbooks recording employment details.
• Access to Justice and Safety: Local-level complaints committees under the Sexual Harassment of Women at Workplace Act should be extended to panchayats and urban bodies for accessibility.
• Social Protection and Housing: Domestic workers deserve continuous welfare support, not just during crises.
  • Housing and social security should form part of long-term protective measures, especially for migrant workers.

Source: TH