Domestic Workers' Rights and Legislation in India
The Supreme Court of India instructed the Union government to draft comprehensive legislation to define the rights of domestic workers. This action stems from a case involving the trafficking of a female domestic worker from a Scheduled Tribe community.
Current Scenario
- India has an estimated 4 million-90 million domestic workers, primarily women and girls from Scheduled Caste (SC) and Scheduled Tribe (ST) communities.
- These workers often face harassment, abuse, and exploitation due to their workplace being private homes, making inspections challenging.
- Child labor is prevalent, and exploitative employment agencies frequently mediate employer-employee relationships.
- Workers often lack clear guidelines on minimum wages, work hours, and leave entitlements, particularly those who work across multiple households.
- Migrant workers among them require cross-state protections.
Legislative Efforts
- The International Labour Organization's Convention (No. 189) in 2011 aimed at ensuring domestic workers' rights but remains unratified by India.
- The National Platform for Domestic Workers (NPDW) proposed a draft bill in 2017, yet to be enacted.
- The Supreme Court's directive for a committee to draft a framework lacks representation of domestic workers.
- Tamil Nadu provides some worker benefits through the Tamil Nadu Manual Worker Act, 1982, but registration is low and wages remain below the stipulated minimum.
State-Specific Initiatives
- The Karnataka government proposed the Domestic Workers (Social Security and Welfare) Bill, 2025, mandating employer registration of workers, written contracts, and contributions to a welfare fund.
- Only 12 states, including Tamil Nadu, have set minimum wages for domestic workers.
Recommendations and Concerns
- The NPDW suggests compulsory registration of employers, agencies, and workers with a tripartite board maintaining employment records.
- Local complaints committees for sexual harassment should extend to panchayat and urban bodies.
- Housing support for domestic workers needs structural solutions, highlighted during pandemic lockdowns when many couldn't pay rent.
*Contributors: R. Geetha, Advisor to the Unorganized Workers Federation; Priti Narayan, Assistant Professor at the University of British Columbia.*
