SC Pitched for Legal Protection of Domestic Workers

Syllabus: GS1/ Society, GS2/ Governance

In News

• In a landmark move, the Supreme Court of India has directed the Union government to examine the need for a separate law for domestic workers.
  • The Court has ordered the formation of an inter-ministerial committee to assess and recommend a legal framework for their benefit, protection, and regulation of rights.

Current Situation of Domestic Workers

• About: 
  • Despite their crucial role in millions of households, domestic workers lack legal protection under many labour laws, including the Minimum Wages Act and the Equal Remuneration Act. 
  • While some states have introduced regulations, there is no national-level law ensuring their rights.
• Vulnerability and Exploitation:
  • Domestic work is a feminized occupation, with a large proportion of workers being women from marginalized communities.
  • Workers face low wages, job insecurity, and increased workloads without additional pay.
  • Social security measures are almost non-existent, leaving workers vulnerable to financial crises.
  • Domestic work is socially undervalued and perceived as an inherent skill all women should possess, contributing to its invisibility and lack of recognition.

Challenges and Judicial Interventions

• ILO Convention 189: India has not ratified this global standard on domestic workers’ rights, which mandates fair wages, social security, and protection against abuse.
• Judicial Orders on Placement Agencies: The Supreme Court has previously directed the registration of placement agencies, but enforcement remains weak, leaving workers unprotected.
• Complex Employment Structures: Domestic work exists in multiple forms—part-time, full-time, making it difficult to implement standardized protections.

Need for Inclusive Legislation

A separate law for domestic workers is essential to address their unique challenges:

• Proof of Employment: Enforcing legal protections requires formal documentation of employment, which is currently difficult for workers to obtain.
• Employer Resistance: Many employers do not recognize themselves as “employers” or consider their homes as formal workplaces.
• Power Imbalance: The asymmetric employer-employee relationship—where the employer’s private space is the worker’s workplace—limits oversight and regulation.

Opportunities and Challenges in Implementation

• Ensuring Core Entitlements: A well-structured law can establish minimum wages, regulate working hours, and provide social security, significantly improving conditions for domestic workers.
• Redefining Power Hierarchies: Legal protections will challenge the existing power dynamics and recognize the value of housework and care work.
• Regional Considerations: States like Kerala and Delhi have implemented measures for domestic workers, which can serve as models for national legislation.
• Challenges in Enforcement: Even with a new law, effective implementation remains a key challenge, requiring strong monitoring mechanisms and employer accountability.

Conclusion

• The Supreme Court’s directive presents a crucial opportunity to advocate for a national law protecting domestic workers. While legislation alone may not immediately transform working conditions, it is a necessary first step toward recognizing their rights, ensuring fair wages, and providing social security. The real impact will depend on the recommendations of the committee and the Union government’s commitment to enforcing meaningful reforms.

Source: IE