Answer

Domestic workers in India, predominantly women, constitute a significant portion of the informal workforce. Recent estimates suggest that the number of domestic workers ranges from official figures of 4.2 million to unofficial estimates exceeding 50 million. In January, 2025, the Supreme Court directed the Union government to explore the feasibility of enacting a separate law to protect domestic workers’ rights, highlighting their widespread exploitation and lack of legal safeguards. 

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Need for a separate law for domestic workers as directed by Supreme Court to the Union government

• Lack of regulation: Domestic workers are not covered under existing labor laws like the Minimum Wages Act or Equal Remuneration Act. A separate law can provide structured regulation.
  For example: Domestic workers often work without a fixed wage, facing arbitrary treatment due to the absence of a formal framework.
• Vulnerability due to informality: Domestic work is largely informal and unregulated, with employers not recognizing themselves as “employers” or their homes as “workplaces.”
  For example: Workers may be denied basic rights like minimum wages or social security, as their employment is not formally documented.
• Gendered occupation: Domestic work is feminized, with women predominantly employed, and such labor is undervalued in society. A specific law can address this gender-based disparity.
  For example: Women in domestic work are often paid less than men in similar jobs, reflecting social devaluation.
• Regional and local variations: Domestic work conditions differ across regions. A dedicated law can incorporate local challenges and solutions.
  For example: Kerala and Delhi’s regulatory attempts have varied in addressing regional concerns such as employment registration and wage rates.
• Enforcement of rights: A separate law can mandate clear procedures for enforcing workers’ rights and providing legal recourse in cases of violations.
  For example: Domestic workers may struggle to claim wages without proof of employment, leading to exploitation.

Challenges Faced by Domestic Workers in India

• Exploitation through Low Wages: Domestic workers often receive low wages, inadequate for their labor-intensive work. The lack of minimum wage standards exacerbates this issue.
  For example: A domestic worker in Mumbai might earn below the minimum wage, struggling to meet basic living expenses despite long working hours.
• Absence of Legal Protections: Domestic workers do not have legal protection against harassment or unfair treatment, making them vulnerable to abuse.
  For example: A Delhi worker may face verbal abuse or physical mistreatment but lacks access to legal recourse due to absence of formal contracts.
• Workplace as Private Space: Domestic work takes place in private homes, complicating regulation and increasing the power imbalance between employer and employee.
• Job Insecurity: The sector lacks job security, with workers often fired without notice or severance, contributing to financial instability.
  For example: A worker might be suddenly dismissed without compensation after years of service, leaving them without support or recourse.
• Social and Gender Stigma: Domestic work is socially devalued as “women’s work” and often tied to marginalized communities, making workers invisible and voiceless.
  For example: A migrant woman from a rural area may face social stigma and struggle for recognition as a legitimate worker.

Dedicated Legal Framework Can Address Vulnerabilities

• Minimum Wage Enforcement: A dedicated law can establish minimum wages, ensuring fair compensation for workers in line with their work hours and tasks.
  For example: A national law can set a fixed minimum wage for workers across states, ensuring consistent pay for cleaning, cooking, and caregiving jobs.
• Legal Protections Against Abuse: A clear legal framework would allow workers to seek protection from abuse and harassment, offering mechanisms for grievances redressal.
  For example: The law could introduce mandatory employment contracts to prevent exploitation, giving workers a legal foundation to challenge mistreatment.
• Social Security Measures: A national framework can provide health insurance, pensions, and other social benefits, improving workers’ financial and health security.
  For example: Workers in Kerala already enjoy some benefits, but national laws could ensure that every domestic worker across India has similar access to social security.
• Formal Employment Registration: A law could mandate employer registration of workers, ensuring both parties are aware of their rights and responsibilities, reducing exploitation.
  For example: Domestic worker unions have advocated for registration to protect workers from dismissal and facilitate legal aid when needed.
• Acknowledging Housework and Care Work: A dedicated legal framework could acknowledge and value housework and care work, raising social recognition for domestic workers.
  For example: Legislation could mandate respectful working conditions and ensure that domestic work is not only fairly compensated but also socially valued.

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Implementing a dedicated legal framework for domestic workers, in line with schemes such as Pradhan Mantri Shram Yogi Maan-Dhan Yojana and Rashtriya Swasthya Bima Yojana, would provide essential social security, ensuring minimum wage enforcement and better workplace safety. This legislation would empower domestic workers by addressing power imbalances, improving their working conditions, and ultimately enhancing their human dignity and economic stability.

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