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Law to Protect Domestic Workers’ Rights
Context:
The Supreme Court’s recent directive to the Union government to explore the feasibility of a dedicated law for domestic workers is a significant step toward recognising and safeguarding their rights.
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- The Court instructed the Centre to establish an inter-ministerial committee to assess the necessity of a legal framework aimed at protecting, regulating, and ensuring the welfare of domestic workers.
- The Court’s observations highlighted the vulnerability of this workforce due to the absence of comprehensive regulations and their exclusion from key labour laws such as the Minimum Wages Act and the Equal Remuneration Act.
- While some states have introduced regulations for domestic workers, the Court emphasised the need for a uniform national law applicable across all states.
Challenges Faced by Domestic Workers
- Marginalised and Women: Domestic work is predominantly performed by women, particularly migrant workers from marginalised communities.
- Informal: The sector is characterised by inconsistent wages, long hours, additional unpaid work, and a lack of social security.
- Unevenness: Wage rates vary based on the nature of employment—whether full-time or part-time, live-in or live-out—and often differ even within the same locality.
- The absence of job security further exacerbates their vulnerability, forcing many workers to accept exploitative conditions.
- Societal Belief: A deep-rooted societal belief that housework and care work are basic skills every woman should possess has led to the undervaluation of domestic workers.
- Harassment: Many endure harassment and mistreatment from employers, yet such incidents rarely receive media attention.
- While the judiciary has previously pushed for documentation and registration of placement agencies, these efforts have not significantly improved the situation.
- Additionally, India has yet to ratify the International Labour Organisation (ILO) Convention 189, which establishes rights and protections for domestic workers globally.
The Case for a Separate Legislation
- A key question often raised is why a separate law is necessary when the new labour codes claim to be inclusive.
- While the Code on Wages (2019) technically covers domestic workers, the complexities of employment arrangements—such as varying work hours, employer expectations, and the private nature of workplaces—set this sector apart.
- Unlike traditional workplaces, a domestic worker’s job site is also their employer’s home, making enforcement of labour laws particularly challenging.
- Furthermore, domestic tasks such as cleaning, cooking, and caregiving remain undervalued in society.
- One of the major hurdles in enforcing labour regulations is the lack of proof of employment.
- In many states, even when the Minimum Wages Act is enforced, domestic workers struggle to provide documented evidence of their work arrangements.
- This has led domestic worker unions to advocate for a mandatory employer registration system, although resistance from employers remains a challenge.
- Many employers do not perceive themselves as formal “employers,” nor do they view their homes as workplaces.
Way Forward
- Legislation ensuring minimum core entitlements and establishing grievance redressal mechanisms would be a major step toward empowering domestic workers.
- Such laws would help challenge existing power hierarchies and acknowledge the value of housework and care work.
- While implementation and enforcement will pose challenges, a national law could serve as a foundation for long-term improvements in working conditions.
- Regional efforts, such as those undertaken in Kerala and Delhi, could provide valuable insights for crafting an effective national policy.
The Supreme Court’s directive offers a crucial opportunity for domestic worker unions and activists to push for a robust legal framework.
