Inadequate Laws to Protect Domestic Workers in India | Current Affairs | Vision IAS
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In Summary

The Indian government lacks comprehensive laws for domestic workers' rights, with existing frameworks fragmented. Uniform enforcement and a central legislation are urgently needed for better protection.

In Summary

As highlighted in the news recently, Union Government is yet to frame a comprehensive domestic workers’ rights law as directed by the Supreme Court in January, 2025. 

Other Legal Frameworks Available

  • Right to Fair Wages: Workers must receive at least the state-prescribed minimum wage under the Minimum Wages Act, 1948.
  • Right to Safe Working Conditions: Employers must provide an abuse-free environment (POSH Act, 2013).
  • Protection from abuse/exploitation: Bharatiya Nari Suraksha (BNS) Act, 2023 provides protection against all forms of abuse; enables legal remedies and complaint mechanisms.
  • State-Level Initiatives: Tamil Nadu provides welfare benefits and minimum wages under the Manual Worker Act, 1982, while Karnataka’s 2025 Bill mandates worker registration, contracts, minimum wages etc. to a welfare fund.

Issues in Implementation of Legal Protection

  • Patchy State Regulation: Minimum wages and labour protections vary across states; enforcement is weak.
  • Exclusion under Labour Codes: Defines a “worker” in relation to establishments or industries, excluding workers employed in private households, such as domestic workers.
  • Limited Organising: Dispersed workplaces, migratory status, poor socio-economicconditions, etc. make unionisation difficult.
  • Data and Definition Issues: Lack of credible data and contested definitions of domestic work complicate policy-making.

Way Forward

  • Minimum wages: All states must stipulate and update wages.
  • Compulsory Registration: Employers, agencies, and workers should be compulsorily registered at the state level.
  • Legislative action: Comprehensive Central legislation to enforce rights, wages, social security, and welfare for domestic workers.
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