SC calls for law to secure domestic workers’ rights

The Supreme Court on Wednesday lamented the lack of statutory protection for millions of domestic workers across the country, while urging the Union government to enact a comprehensive law to safeguard their rights and directing the Centre to constitute a committee to examine within six months the feasibility of such a legislative framework.

A bench, led by justice Surya Kant, described the exploitation of domestic workers and lack of legal protection as a pressing national concern, and underscored the urgent need for legislative intervention for a “critical workforce” that keeps the homes running while being denied their own basic rights.

“There is no gainsaying that this indispensable yet marginalized workforce in India remains vulnerable to exploitation, low wages, and poor working conditions with little or no legal recourse,” the bench, also comprising justice Ujjal Bhuyan stated.

Exercising the doctrine of parens patriae -- the court’s duty to protect vulnerable citizens -- the bench directed the Union ministry of labour and employment, along with the ministries of social justice and women and child development, to jointly constitute a committee of subject experts. This committee, the court said, should submit its report within six months, following which the government must consider enacting a legal framework that effectively safeguards the rights and dignity of domestic workers.

The ruling marks a significant intervention in the ongoing debate over labour rights in India, particularly for a section of workers that has remained largely invisible in the eyes of the law.

The judgment, penned by justice Kant, stressed that domestic workers are among the most vulnerable to exploitation, especially since a large number of them come from marginalised communities such as Scheduled Castes, Scheduled Tribes, other backward classes (OBC), and economically weaker sections (EWS).

“These workers are compelled to undertake domestic work due to financial constraints, displacement, and their vulnerabilities. That is not to say, and we are not disclaiming, that this is a source of employment that is readily available to women across all social substrates,” the court said. “On the contrary, we seek to affirm this important livelihood that is available to so many women, which brings them one step closer to financial security and the accompanying independence. We are concerned instead about the lack of regulations for this crucial labour sector, which often leads to the aforementioned results,” the judgment maintained.

“The simple reason for this harassment and abuse, which seems to be prevalent across the whole country, is linked to the legal vacuum that exists vis-à-vis the rights and protection of domestic workers,” noted the court, adding that these workers are not just unprotected under a dedicated law but are also excluded from key labour statutes such as the Payment of Wages Act, Minimum Wages Act and the Sexual Harassment of Women at Workplace Act.

While acknowledging that some states such as Tamil Nadu, Maharashtra, and Kerala have taken legislative steps to improve conditions for domestic workers, the court pointed out that these efforts remain fragmented and lack the robustness of a central law.

“It just seems to us that no effective legislative or executive action towards enacting a statute which could prove to be a boon to the millions of vulnerable domestic workers across the country has been undertaken as of now,” rued the bench, imploring the Centre to pay heed to the critical need for a robust legal framework to secure the welfare and dignity of domestic workers.

The judgment came while the court was dealing with a case from Uttarakhand involving the trafficking and torture of a domestic worker. Though the bench found the evidence insufficient to convict the accused, it used the opportunity to highlight the broader issue of systemic neglect of domestic workers.

Referring to the case before it, the court spoke of how the complainant had been trafficked, abused, and deprived of her wages. “The complainant was tortured and exploited for several years at the hands of an individual who forcibly transported her to different cities with the promise of a better life, which never materialized. The placement agency, which implored the complainant to take up the job, seized her salary, leaving her utterly destitute and helpless,” the bench noted.

The court observed that such cases were not isolated but reflected a larger, systemic problem. “The simple reason for this harassment and abuse, which seems to be prevalent across the whole country, is linked to the legal vacuum that exists vis-à-vis the rights and protection of domestic workers. Indeed, domestic workers in India remain largely unprotected and without any comprehensive legal recognition. As a result, they frequently endure low wages, unsafe environments, and extended working hours without effective recourse,” it noted.

Pointing to international best practices, the court said that several countries have enacted robust legal protections for domestic workers, while India has yet to take concrete legislative steps, as it ordered formation of a committee by the Centre to examine these issues.

The composition of the committee was left to the government’s discretion, but the court set a six-month deadline for the submission of a report. “It will be appreciated if the committee submits a report within a period of six months, whereupon the government shall consider the necessity of introducing a legal framework which may effectively address the cause and concern of domestic workers,” said the bench.