The Court directed the Union Government to consider enacting a law to safeguard the rights of domestic workers, who continue to face exploitation and abuse due to the lack of legal protection. This move comes after the Court's observations during a criminal appeal in a case Ajay Mallik v State of Uttarakhand SLP(Crl) 8777/2022the wrongful confinement and trafficking of a female domestic worker.
The Need for Protection of Domestic Workers
The Supreme Court’s bench, comprising Justice Surya Kant and Justice Ujjal Bhuyan, recognized the crucial contributions of domestic workers but pointed out the severe legal vacuum that leaves them exposed to mistreatment. The absence of comprehensive legal protections has led to exploitation in the form of low wages, unsafe working conditions, and long working hours without any recourse for justice. The Court further highlighted that domestic workers are often excluded from existing labor laws such as the Payment of Wages Act, 1936, the Equal Remuneration Act, 1976, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Court's Observations on the Legal Vacuum
The Supreme Court’s judgment pointed out that domestic workers are not covered by many of India’s key labor laws. This exclusion leaves them in a precarious position, making them vulnerable to exploitation by both employers and intermediary agencies. Despite the growing demand for domestic workers, the lack of legislative safeguards has created an environment where these workers are subject to arbitrary treatment, wage disparities, and unsafe working conditions.
Existing Legislative Efforts: State-Level Initiatives
While the Supreme Court has called for a pan-India law, some states have already initiated steps toward improving the welfare of domestic workers. For instance:
- Tamil Nadu and Maharashtra have established welfare boards for domestic workers to ensure their rights are recognized.
- Kerala introduced the Kerala Domestic Workers (Regulation and Welfare) Bill, 2021, which aims to provide a regulatory framework and social security for domestic workers within the state.
Despite these state-level initiatives, the absence of a uniform national law has left a significant gap, with many domestic workers continuing to suffer from unregulated working conditions across the country.
The Importance of a National Law
The need for a national law protecting domestic workers is urgent, given the large number of people employed in domestic work across India. According to estimates, there are millions of domestic workers in India, many of whom come from marginalized communities, including Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and the economically weaker sections (EWS) of society. These workers often take up domestic work due to financial desperation, making them highly vulnerable to exploitation.
A national legal framework would not only regulate wages, working conditions, and working hours but also provide mechanisms for grievance redressal, ensuring that domestic workers have legal recourse in case of abuse or mistreatment. It would also address issues such as social security, medical benefits, and protections against harassment or discrimination, aligning with international labor standards.
Conclusion
The Supreme Court's directive to the Union Government underscores the importance of recognizing domestic work as formal labor that requires legal protection. The Court's observation about the vulnerability of domestic workers highlights the urgent need for comprehensive national legislation to ensure their dignity, safety, and fair treatment.
