Recently, the Supreme Court of India has directed the Union government to examine the need for a separate law for domestic workers.
Supreme Court’s Directive
- Vulnerability of Domestic Workers: The Court noted the vulnerability of domestic workers, who are excluded from crucial labor laws such as the Minimum Wages Act and the Equal Remuneration Act.
- Need for a National Law: While acknowledging that some states have their own regulations, the Court emphasized the need for a unified, national law to ensure the protection and regulation of domestic workers’ rights across all states.
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Issues Faced by Domestic Workers
- Feminized Occupation: Domestic work is predominantly undertaken by women, with a significant number being migrants from marginalized communities.
- Wage Disparities: Wage rates vary greatly for similar tasks, even within the same locality. Workers face poor working conditions, increased workloads without additional pay, and job insecurity.
- Absence of Social Security: The lack of social security measures, such as health benefits or retirement plans, exacerbates the vulnerability of domestic workers, forcing them to accept exploitative conditions.
- Invisibility and Undervaluation: Domestic work is often viewed as a skill inherent to all women, contributing to its undervaluation and invisibility in society. This cultural understanding perpetuates gendered stereotypes and reduces the recognition of domestic work as formal labor.
- Harassment and Humiliation: Domestic workers often face harassment and humiliation by employers, with such incidents rarely being reported or addressed. The mistreatment of these workers, when it does gain attention, is typically short-lived, followed by unfulfilled promises of regulation.
- Lack of Legal Protection: Domestic workers remain excluded from basic labor protections. This lack of a structured legal framework leaves them exposed to exploitation and abuse.
- Judicial Interventions: The judiciary has occasionally directed the registration and documentation of placement agencies, but these interventions have not resulted in substantial changes to the working conditions of domestic workers.
- Non-ratification of ILO Convention 189: India has yet to ratify the International Labour Organization’s (ILO) Convention 189 on domestic workers, which seeks to protect their rights globally.
Need for Separate Legislation for Domestic Workers
- Inclusion in New Labour Codes: The inclusion of domestic workers under the new labour codes, such as the Code on Wages (2019), is often questioned. While the Code on Wages covers domestic workers, its applicability and enforcement remain problematic.
- Complex Employment Systems: The diverse systems of employment—part-time, full-time, live-in, and live-out—create complexity in applying uniform regulations.
- Asymmetric Employer-Employee Relationship: The nature of domestic work involves an imbalance of power, as the workplace is typically the employer’s private home. This distinction makes domestic work qualitatively different from other sectors covered by existing laws.
- Social Devaluation: The tasks involved, such as cleaning, cooking, and caregiving, are often seen as socially devalued, further complicating the application of labour laws to this sector.
Issues in Regulation and Enforcement
- Defining Domestic Work: A comprehensive and inclusive definition of domestic work is necessary for any legal framework. This definition must reflect the variety of roles within domestic work and address the unique challenges faced by workers.
- Proof of Employment: One significant challenge in enforcing labour laws, such as the Minimum Wages Act, is the difficulty domestic workers face in proving their employment. The absence of formal contracts or documentation makes it hard for workers to claim entitlements or report violations.
- Employer Resistance: Many employers do not perceive themselves as employers or their homes as workplaces, leading to resistance against any regulatory framework that would formally recognize the employment relationship.
Importance of Legislation
- Recognition of Housework and Care Work: Legislation could help acknowledge the societal value of housework and care work, which is often undervalued.
- Ensuring minimum core entitlements and establishing redressal mechanisms would also help to challenge existing power hierarchies and provide domestic workers with legal protection.
- Regional and Local Specificities: While domestic work has common structural features globally, it is crucial to consider regional and local specifics while formulating laws. Initiatives by states like Kerala and Delhi can serve as models for broader legislation.
- Incorporating Workers’ Concerns: The concerns of domestic workers’ unions should be central in the drafting of any law. Their demands for employer registration and other protections should be considered to ensure effective enforcement and worker protection.
- Long-Term Benefits: While the introduction of a law may not immediately improve working conditions, it could fundamentally alter power dynamics in the sector. Over time, such legislation could give domestic workers and their unions a stronger voice, leading to improved conditions.
- Implementation Challenges: Despite the potential benefits, the enforcement of domestic worker laws will remain a significant challenge. However, the legislative framework will provide a foundation for further reforms and better protection of workers’ rights.
- Committee Recommendations: The success of any future law will depend on the findings of the inter-ministerial committee and the Union government’s commitment to follow through on its recommendations.
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Conclusion
While legislation alone will not resolve all the challenges, it represents a critical step towards recognizing the value of domestic work, protecting workers’ rights, and ensuring fair working conditions for this crucial segment of the workforce.
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February 4, 2025
