Supreme Court Directs Union Govt To Explore A Comprehensive Law For Domestic Workers’ Rights

The Supreme Court on Wednesday urged the Union Government to consider enacting a dedicated law to safeguard the rights and dignity of domestic workers.

A bench of Justice Surya Kant and Justice Ujjal Bhuyan directed the Ministry of Labour & Employment to collaborate with other relevant ministries and form an expert committee to examine the feasibility of such legislation. The committee has been given 6 months to submit its findings.

Highlighting the crucial role of domestic workers in urban households, the Court noted that they perform essential tasks such as cleaning, cooking, and caregiving. Despite their growing demand, these workers often face exploitation due to the absence of a nationwide legal framework.

Many belong to marginalized communities, including Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Economically Weaker Sections, and are forced into domestic work due to financial hardships.

The Court pointed out a major “legal vacuum” in the protection of domestic workers. It observed that they are currently excluded from several key labor laws, such as the Payment of Wages Act, the Equal Remuneration Act, the Sexual Harassment of Women at Workplace Act, and the Juvenile Justice Act.

Although some provisions under the Code on Wages, 2019, and the Social Security Code, 2020, recognize domestic workers as part of the unorganized sector, a dedicated legal framework remains absent.

The bench also referenced international labor standards, particularly guidelines from the International Labour Organization (ILO), and acknowledged previous but unsuccessful efforts to introduce laws for domestic workers’ welfare.

While some states, including Tamil Nadu and Maharashtra, have established welfare boards for domestic workers, and Kerala has introduced the Kerala Domestic Workers (Regulation and Welfare) Bill, 2021, there is no uniform national legislation to protect their rights.

Invoking its parens patriae jurisdiction, the Supreme Court directed the Ministry of Labour & Employment to work alongside the Ministries of Social Justice and Empowerment, Women and Child Development, and Law and Justice to set up the expert committee.

“The composition of the Expert Committee is left to the wisdom of the Government of India and its concerned Ministries. It will be appreciated if the Committee submits a Report within a period of six months, whereupon the Government of India may consider the necessity of introducing a legal framework which may effectively address the cause and concern of domestic workers,” the bench stated.

The Court stressed that a comprehensive legal framework is essential to ensuring fair wages, safe working conditions, and protection from exploitation for domestic workers. It expressed confidence that the government would take swift action based on the recommendations of the expert committee.

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