The Supreme Court, in the Ajay Malik (2025) case, has underlined the urgency for a legal framework to protect and regulate domestic workers’ rights.

Domestic Workers in India- Scale, Challenges, and Characteristics

• Domestic workers (DWs) are a significant part of India’s informal labour sector that provides essential household services such as cleaning, cooking, elder care, and child care. 
• Scale of the Workforce: India has an estimated 4 to 10 crore domestic workers.
• Gender Composition: As per the Periodic Labour Force Survey in 2023-24, approximately 11% of employed women were working as domestic workers in urban areas, reflecting the gendered and urban character of this sector.
• Migrant Workforce: A large section comprises migrants who move from rural areas to cities for employment.
• Nature of Workplace: Their workplace being a private home makes labor inspection difficult, as homes cannot be treated like factories or offices.

Challenges Faced by Domestic Workers

• Lack of Social Security: Domestic workers are generally excluded from health insurance schemes. Illness leads to income loss and additional medical expenses.
• Absence of Pension: There is no provision for old-age pension for domestic workers.
• Lack of Maternity Benefits: Female workers are often denied maternity leave and may lose jobs upon pregnancy.
• Informal Contracts: Employment agreements are verbal, leading to vulnerability and exploitation.
• Unregulated Working Hours: Workers have long, undefined hours without overtime pay or rest periods.

Global Standards and India’s Position on Domestic Workers

• International Labour Organization (ILO) Convention on Domestic Workers (C189, 2011):
  • Core Principle: Domestic Work is Work – recognizing domestic work as formal employment.
  • Provisions: Written employment contracts, social security, right to privacy, protection of migrant domestic workers, national helpline services, regulated working hours, safeguards against violence and harassment.
  • India’s Status: India has not ratified or signed C189; enforcement in private households is challenging.
• Human Rights Perspective:
  • Beyond Labour Rights: Domestic work is a human rights issue, not merely a labour issue.
  • Constitutional Backing: Article 21 – Right to life with dignity extends to domestic workers.
  • Moral Imperative: Highlights why enforcement is necessary, not just how it is implemented.
• International Enforcement Models:
  • Chile Model: Government identifies violators, issues inspection warnings, ensures compliance, reduces exploitation.
  • Ireland Model: Community-based monitoring, local communities ensure fair treatment of domestic workers.
• India’s Legal Framework:
  • Labour Code Consolidation: 29 laws merged into 4 Labour Codes.
  • Code on Social Security: Extends social security benefits to unorganised sector workers, including domestic workers.
  • Gap: Need for specific mechanisms and rules within Labour Codes for domestic workers.

Proposed Indian Solution- Resident Welfare Association (RWA) Model

• RWAs as Enforcement Units: Maintain worker data, including police verification.
• Mandatory Registration and Identification: RWAs issue IDs, share data with the Labour Department.
• Social Pressure Mechanism: RWAs counsel employers for fair treatment and timely payment.
• Reporting Violations: Serious exploitation cases reported to the Labour Department.
• Privacy Protection: Awareness camps conducted without invading private homes.

Other Recommended Steps

• Sensitization and Awareness Campaigns: Educate workers about legal and social rights.
• Standard Employment Contract: Introduce mandatory written contracts at RWA level.
• Enforcement of Minimum Wages: Ensure minimum wage payment.
• Employer Cess for Social Security: Employers contribute to insurance and social security.
• Journey Allowance: Transportation support for commuting.
• Registration and Regulation: Ban employment of unregistered domestic workers.
• Provision for Medical Aid: Access to healthcare and emergency medical assistance.

Conclusion

Domestic work must be dignified, protected, and legally recognized. Combining global best practices, domestic legal reforms, and community-level enforcement (RWA model) ensures justice and dignity for domestic workers.

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