The Supreme Court of India has recently brought into light the urgent need for legal protection for domestic workers. This comes in response to the increasing reports of abuse and exploitation faced by these workers, particularly women from impoverished backgrounds. The court’s directive to the Union government aims to address the legal vacuum surrounding the rights of domestic workers.
Background of Domestic Workers in India
Domestic workers form part of the unorganised workforce in India. They often come from marginalised communities, including Scheduled Castes, Scheduled Tribes, and Economically Weaker Sections. Many are driven into domestic work due to financial hardship or displacement. This demographic is particularly vulnerable to exploitation, facing low wages, unsafe working conditions, and excessive working hours.
Supreme Court Directive
On January 29, 2025, the Supreme Court directed the Union government to establish an inter-ministerial committee. This committee is tasked with evaluating the need for a legal framework to protect domestic workers. It will include experts from various ministries, such as Labour, Women and Child Development, Law and Justice, and Social Justice and Empowerment. The committee must submit its report within six months.
State-Level Initiatives
While awaiting a Central law, some states have taken proactive measures. Tamil Nadu, Maharashtra, and Kerala have enacted their own laws to protect domestic workers. These laws provide social security benefits, maternity and childcare provisions, education assistance, and minimum wage regulations. Such initiatives demonstrate the potential for effective governance at the state level.
Historical Context of Legal Proposals
Multiple attempts have been made to introduce a Central law for domestic workers. Proposals date back to the Domestic Workers (Conditions of Employment) Bill of 1959 and include the Domestic Workers (Regulation of Work and Social Security) Bill of 2017. However, none of these bills have been enacted into law. The Supreme Court has emphasised the necessity of addressing this longstanding issue.
Impact of Urbanisation
The demand for domestic workers has surged due to rapid urbanisation in India. As cities grow, so does the reliance on domestic help. However, this growth comes with increased vulnerability for workers who often lack legal protections. The court’s ruling aims to rectify this imbalance and ensure fair treatment.
Challenges Ahead
Despite the court’s directive, challenges remain. Establishing a comprehensive legal framework requires coordination among various governmental departments. Additionally, there must be a commitment to enforce the laws effectively once established. The success of any legal framework will depend on its implementation at both state and national levels.
Questions for UPSC:
- Critically analyse the socio-economic impact of domestic work on women in India.
- What are the primary challenges in implementing labour laws in the unorganised sector? Explain with examples.
- Comment on the role of state governments in safeguarding the rights of domestic workers in India.
- What is the significance of urbanisation in shaping labour dynamics in India? How does it affect vulnerable communities?
Answer Hints:
1. Critically analyse the socio-economic impact of domestic work on women in India.
- Domestic work is source of income for many women, especially from marginalized communities.
- Women in domestic work often face exploitation, including low wages and poor working conditions.
- The work is largely informal, lacking legal protections, which exacerbates their vulnerability.
- Domestic workers often juggle multiple jobs, leading to physical and mental exhaustion.
- Socio-economically, their contributions are undervalued, impacting their ability to access education and healthcare.
2. What are the primary challenges in implementing labour laws in the unorganised sector? Explain with examples.
- One major challenge is the lack of a comprehensive legal framework specifically addressing unorganised workers.
- Enforcement of existing laws is weak due to insufficient resources and oversight mechanisms.
- Workers often fear retaliation or job loss, which discourages them from reporting violations.
- The informal nature of employment makes it difficult to track and regulate working conditions.
- Examples include the absence of minimum wage enforcement and lack of social security benefits for domestic workers.
3. Comment on the role of state governments in safeguarding the rights of domestic workers in India.
- State governments have the authority to enact laws that provide protections and benefits for domestic workers.
- States like Tamil Nadu and Kerala have implemented specific laws that offer social security and minimum wage guarantees.
- State-level initiatives can serve as models for national legislation, demonstrating effective governance.
- Collaboration between state governments and civil society organizations is crucial for raising awareness and advocating for workers’ rights.
- However, the effectiveness of these laws often depends on proper implementation and monitoring at the state level.
4. What is the significance of urbanisation in shaping labour dynamics in India? How does it affect vulnerable communities?
- Urbanisation increases demand for domestic workers, driven by growing middle-class households needing assistance.
- It often leads to migration from rural areas, placing economic pressure on vulnerable communities.
- Urban environments can exacerbate social inequalities, with marginalized groups facing discrimination in job opportunities.
- Rapid urbanisation can result in overcrowded living conditions, impacting the health and safety of workers.
- Without legal protections, urban domestic workers remain susceptible to exploitation and abuse in their workplaces.
