Recently, the Supreme Court directed the Union government on January 29 to examine the possibility of a separate law for domestic workers.

Supreme Court Directives and observation on Domestic Workers

• Formation of an Inter-Ministerial Committee: The SC directed the Union government to form an inter-ministerial committee to examine the need for a legal framework to protect domestic workers.
  • The committee will include experts from the following ministries:
    • Ministry of Labour and Employment
    • Ministry of Women and Child Development
    • Ministry of Law and Justice
    • Ministry of Social Justice and Empowerment
• Purpose of the Committee: The committee is tasked with considering the desirability of recommending a legal framework for the benefit, protection, and regulation of domestic workers.
  • It will focus on addressing issues such as:
    • Exploitation and abuse
    • Low wages
    • Unsafe working conditions
    • Lack of social security
• Timeline for Submission: Required to submit its report to the Union government within six months.
  • Based on the report, the Centre will decide on the necessity of enacting a national law for domestic workers.
• Recognition of Legal Vacuum: The Court acknowledged the absence of a Central law protecting domestic workers, which has led to widespread exploitation and abuse.
  • It highlighted the need for a uniform legal framework to address the vulnerabilities faced by domestic workers, particularly women from marginalised communities.
• Reference to State-Level Initiatives: The Court noted that some states, such as Tamil Nadu, Maharashtra, and Kerala, have already enacted laws to protect domestic workers.
• Focus on Marginalised Communities: The Court emphasised that domestic workers often belong to marginalised communities (Scheduled Castes, Scheduled Tribes, OBCs, and Economically Weaker Sections).
  • They are frequently forced into domestic work due to financial hardship or displacement, making them particularly vulnerable to exploitation.

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Who are domestic workers?

• Domestic workers are those workers who perform work in or for a private household or households. 
  • They provide direct and indirect care services, and as such are key members of the care economy. 
• Their work may include tasks such as:
  • Cleaning the house, cooking, washing and ironing clothes, taking care of children, or elderly or sick members of a family, gardening, guarding the house, driving for the family, and taking care of household pets.
• Types of Employment:
  • Full-time or part-time: Domestic workers may be employed either full-time or part-time.
  • Live-in or live-out: Workers can either reside in the employer’s home (live-in) or live in their own residence (live-out).
  • Service providers: Workers may be employed directly by a family or through a service provider (e.g., placement agencies).
  • Migrant Domestic Workers: Many domestic workers work in countries where they are not nationals and are referred to as migrant domestic workers.

Global Statistics and Gender Disparity

• Total Domestic Workers Worldwide: Approximately 75.6 million domestic workers.
  • Gender Disparity: 76.2% of domestic workers are women, with men constituting about a quarter of the workforce.
• Importance for Women: Domestic work is a more significant source of employment for women compared to men.

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Vulnerability of Domestic Workers in India

Economic Vulnerabilities

• Low Wages and Income Disparities: Domestic workers earn significantly less than other informal workers. Many workers are paid arbitrarily based on tasks rather than hours worked.
  • The ILO estimates that domestic workers worldwide earn 56% of the average wages of other employees.
• No Minimum Wage Enforcement: Only 10 states in India have included domestic workers under the Minimum Wages Act, 1948.
  • Domestic workers in Karnataka are entitled to minimum wages (Rs 13,413 to 15,086 per month depending on tasks), but most workers never received this wage.
• No Social Security or Job Security: 81% of domestic workers are in informal employment (ILO report), meaning no provident fund (PF), health insurance, or maternity benefits.
  • Pandemic Impact: A study across Kochi, Delhi, and Mumbai (2020) found that 57% of domestic workers were fired without compensation during the COVID-19 lockdown.

Legal Vulnerabilities

• Exclusion from Labour Laws: Domestic workers lack legal recognition under key labour laws:
  • Industrial Disputes Act, 1947 (no protection from unfair dismissal).
  • Code on Wages, 2019 (covers domestic work but lacks implementation).
  • Code on Social Security, 2020 (recognizes domestic workers, but is not in force).
• No Written Contracts or Employment Benefits: A 2016 survey in Bengaluru found that only 2% of domestic workers had written contracts, leaving them vulnerable to arbitrary wage cuts, unpaid overtime, and sudden dismissal.
• Weak Enforcement of Sexual Harassment Laws: Sexual Harassment at Workplace Act, 2013 includes domestic workers, but enforcement is nearly non-existent.
  • In a 2023 case in Gurugram, a 14-year-old domestic worker was burned, assaulted, and starved by her employers, showing the impunity with which abuse occurs.
  • ILO reports highlight that forced labour, trafficking, and violence are major threats, particularly for live-in workers.

Social and Workplace Vulnerabilities

• Caste and Gender Discrimination: Domestic work is viewed as “low status” and caste-based, leading to discrimination.
  • Many workers are denied access to household utensils, toilets, and drinking water due to caste biases.
• Harassment and Abuse by Employers: Domestic workers are particularly vulnerable to violence, harassment, and restrictions on freedom of movement. This is especially prevalent among informal workers.
  • In 2024, domestic workers in Karnataka protested against arbitrary dismissals, sexual abuse, and caste-based discrimination.
• Health Risks and Exploitation: Domestic workers are more likely to have long or irregular working hours compared to other workers. 
  • In Mumbai, 40% of domestic workers surveyed in 2020 reported no access to safety measures during the COVID-19 pandemic.

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Vulnerability to Trafficking and Forced Labour

• Trafficking and Child Labour: India has 12.6 million child domestic workers, 86% of whom are girls (ILO report ).
  • In Jharkhand, a trafficking network lures young girls with fake job offers, forcing them into domestic servitude.
• Forced Labour and Debt Bondage: ILO Convention No. 29 defines forced labour as work exacted under menace or coercion.
  • In Kerala and Jharkhand, live-in domestic workers are often trapped in forced labour, as employers confiscate their wages and travel documents.
  • In the Middle East migration route, many Indian domestic workers fall into forced labour due to recruitment agents’ deception.
• Non-Ratification of ILO Conventions: India has NOT ratified ILO Convention 189 (Decent Work for Domestic Workers) or Convention 182 (Worst Forms of Child Labour).
  • ILO recognizes domestic work as “modern slavery”, yet India lacks a national law to protect domestic workers.

Challenges in Legal and Policy Implementation

• Lack of Comprehensive Legislation: Domestic Workers (Registration, Social Security, and Welfare) Bill, 2008 & 2017 – Introduced but never passed.
  • National Policy on Domestic Workers (2019) – Still in draft stage, awaiting approval.
• Weak Enforcement Mechanisms: Even in states where domestic workers are covered under the Minimum Wages Act, 1948, implementation is weak due to lack of enforcement mechanisms.
  • Many workers do not receive legally mandated wages due to their informal status and employer influence.
  • Only 10 states enforce minimum wages for domestic workers, and even where implemented, violations are rampant.
• Legal Ambiguity: Domestic workers are excluded from many major labour laws as “formal employees.”
  • Key labour laws (such as the Industrial Disputes Act, 1947) do not cover them under the definition of “workman”, making it difficult for them to claim legal rights.
• Lack of Monitoring: Unlike factories or offices, private homes are difficult to regulate, making it challenging for government agencies to monitor domestic workers’ working conditions, wages, and abuse cases.
  • According to the ILO’s 2023 Forced Labour Report, Migrant domestic workers are highly vulnerable to forced labor due to the hidden nature of their work in private homes, making detection and intervention difficult.
• Exploitation by Placement Agencies: Many unregulated placement agencies exploit domestic workers by charging high recruitment fees, withholding wages, and misrepresenting job conditions.
  • According to the “Kerala Migration Survey 2023,” a significant number of domestic workers from Kerala migrating to Gulf nations through placement agencies faced the issue of passport confiscation, essentially trapping them in situations of forced labor

Way Forward for Protecting Domestic Workers in India

• Enact a Comprehensive Central Law: Recognize domestic work as formal employment under national labour laws.
  • Ensure minimum wages, social security, and written contracts for all domestic workers.
• Regulate and Monitor Placement Agencies: Mandate registration of all placement agencies with state labour departments.
  • Ensure agencies provide employment contracts with clear terms.
• Enforce Minimum Wage and Social Security Provisions: Expand the Minimum Wages Act, 1948, to cover domestic workers in all states.
  • Ensure access to Provident Fund (PF), health insurance, and maternity benefits under the Social Security Code, 2020.
• Strengthen Labour Inspections and Grievance Redressal: Empower labour inspectors to monitor private homes as workplaces.
  • Establish helplines and complaint portals for domestic workers to report abuse.
• Ratify ILO Convention 189 on Decent Work for Domestic Workers: Align Indian laws with global standards for domestic work.
  • Provide weekly rest days, fair wages, and protection from abuse.
• Raise Awareness and Organize Domestic Workers: Conduct awareness campaigns about domestic workers’ legal rights.
  • Support domestic worker unions for collective bargaining and advocacy.
• Strengthen Protection Against Trafficking and Forced Labour: Implement strict penalties for child labour and trafficking.
  • Enhance inter-state coordination to track trafficking networks.
  • Provide rehabilitation programs for rescued domestic workers.

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Conclusion

A comprehensive national law for domestic workers is crucial to ensure fair wages, social security, and protection from exploitation. While enforcement challenges remain, the Supreme Court’s directive presents a vital opportunity to formalize rights, redefine power dynamics, and uphold the dignity of millions in this essential yet undervalued workforce.

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