Supreme Court Asks Union To Consider Bringing Law To Protect Domestic Workers' Rights

The Supreme Court on Wednesday (January 29) directed the Union Government to consider the enactment of a law to protect the rights of domestic workers.A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan directed the Ministry of Labour & Employment and the related Ministries to constitute an expert committee to look into the feasibility of such a law on domestic workers and submit a report within six weeks. After the report of the committee is received, the Union Government should make efforts to bring a law to uphold the dignity and safety of the domestic workers.The bench observed that though domestic workers are an essential workforce, there was no pan-India legislation to protect their rights. Therefore, they are vulnerable to exploitation by employers and agencies. The bench made these observations while disposing of a criminal appeal in a case over allegations of wrongful confinement and trafficking of a female domestic worker.The judgment authored by Justice Surya Kant observed that the contributions of domestic workers are indispensable to urban households, performing tasks such as cooking, cleaning, caregiving, and other essential services. However, despite their growing demand, the Court noted that they are "vulnerable to exploitation and abuse." Most of them belong to marginalised communities, such as Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Economically Weaker Sections and are forced to take up the job because of financial desperation.Legal vacuumThe Court opined that the simple reason for the exploitation of domestic workers is the legal vacuum. "Indeed, domestic workers in India remain largely unprotected and without any comprehensive legal recognition. As a result, they frequently endure low wages, unsafe environments, and extended hours without effective recourse," the Court stated.The judgment discussed the international norms, such as the ILO guidelines and conventions, regarding the protection of domestic workers. It also noted that there were unsuccessful attempts in the past to make laws for them."It, thus, seems to us that no effective legislative or executive action in furtherance of enacting a statute, which could prove to be a boon to millions of vulnerable domestic workers across the country, has been undertaken as of now. Over and above the absence of any legislation protecting their interests, domestic labourers also find themselves excluded from existing labour laws as well."The Court noted that the domestic workers stand excluded from the provisions of the Payment of Wages Act 1936, Equal Remuneration Act 1976, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Juvenile Justice (Care and Protection of Children) Act, 2015, etc.At the same time, the Court noted that the the Code on Wages, 2019 introduces provisions to address the issue of minimum wages for domestic workers. Moreover, statutes such as the Social Security Code of 2020 bring domestic workers within the ambit of 'unorganised workers'. States such as Tamil Nadu and Maharashtra have enacted laws to create welfare boards for domestic workers. The Kerala Government introduced the Kerala Domestic Workers (Regulation and Welfare) Bill, 2021.However, the Court noted that a pan-Indian law, with specific protections covering domestic workers in India, was absent. Hence, the Court chose to exercise its parens patriae jurisdiction to take up the cause. The judgment directed :"As regard to the larger issue of the protection of rights of domestic workers,we direct the Ministry of Labour and Employment in tandem with the Ministry of Social Justice and Empowerment, the Ministry of Women and Child Development, and the Ministry of Law and Justice, to jointly constitute a Committee comprising subject experts to consider the desirability of recommending a legal framework for the benefit, protection and regulation of the rights of domestic workers.The composition of the Expert Committee is left to the wisdom of the Government of India and its concerned Ministries. It will be appreciated if the Committee submits a Report within a period of 6 months, whereupon the Government of India may consider the necessity of introducing a legal framework which may effectively address the cause and concern of domestic workers."Case : Ajay Mallik v State of Uttarakhand | SLP(Crl) 8777/2022Citation : 2025 LiveLaw (SC) 120Click here to read the judgment

Supreme Court Asks Union To Consider Bringing Law To Protect Domestic Workers' Rights

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