The Supreme Court’s highly welcome directions on January 29 have raised hopes for the belated enactment of welfare laws for domestic workers.
In light of frequent reports of ill-treatment of domestic workers, the Supreme Court stated, "The simple reason for this harassment and rampant abuse, which seems to be prevalent throughout the country, is the legal vacuum that exists vis-Ã -vis the rights and protection of domestic workers... As a result, they frequently endure low wages, unsafe environments, and extended hours without effective recourse."
A bench of Justices Surya Kant and Ujjal Bhuyan has directed the Centre to form an inter-ministerial committee to "consider the desirability of recommending a legal framework for the benefit, protection, and regulation of the rights of domestic workers."
The court highlighted states such as Tamil Nadu, Maharashtra, and Kerala, which did not wait for a central law but took the initiative to enact their own laws to safeguard domestic workers. These states established specialized bodies under their respective laws to administer various social security benefits, including maternity and childcare support, education assistance, and medical expense reimbursement.
Estimates suggest that the number of domestic workers in India exceeds 50 million, and this figure is growing rapidly. According to ILO estimates, the number of domestic workers in India grew by 222 percent between 1999-2000 and 2008-09. Data indicates that a significant majority of domestic workers are women.
Such a large and rapidly growing workforce should have prompted effective government intervention to ensure the rights and welfare of domestic workers much earlier. Unfortunately, this did not happen, leading to increasing problems and the victimization of vulnerable domestic workers, particularly young girls, including minors. Part of the reason for the worsening situation is the emergence of ruthless traffickers with powerful connections who shamelessly exploit workers and cheat employers while maximizing profits from the misery of others. These illegal and unethical activities often tarnish the reputation of placement agencies that are trying to function properly.
The overall situation today is that an overwhelming majority of domestic workers in India are underpaid and undervalued, despite their tremendous contributions to enhancing the comfort and productivity of their employers. They often work long hours for low wages, remaining constantly at the beck and call of their employers, and face violence and abuse.
Due to low wages, many domestic workers are forced to take on part-time work in multiple households, exceeding their physical capacity and leading to exhaustion and health problems. Even those working full-time for a single employer often work beyond reasonable norms and get little rest. Poor treatment and humiliation add mental stress to their physical exhaustion.
Many domestic workers are employed far from their ancestral homes, leaving them with little to no support system near their place of employment. For example, a large number of girls and women from tribal communities in Jharkhand, Chhattisgarh, and Odisha have migrated to Delhi for employment in recent years. Worsening poverty in their communities has forced them to accept high-risk, low-wage work in distant locations. In such cases, protective systems, including robust laws, are essential to reduce vulnerability and ensure the basic rights of these workers.
Efforts for united action by various campaigns and organizations were strengthened by the formation of the National Platform for Domestic Workers (NPDW), creating favorable conditions for comprehensive legislation for domestic workers.
The NPDW has stated, "Only an integrated law can regulate placement agencies and the conditions of domestic work, and provide social security to us."
Earlier, in a petition, the NPDW demanded:
- *"Beginning with The Domestic Workers (Conditions of Employment) Bill, 1959, there have been many attempts to legislate for this sector, but without success. The most recent was The Domestic Workers (Conditions of Service) Bill, 2009, a Private Member’s Bill introduced in Parliament by Shri Arjun Ram Meghwal. Other bills, such as those developed by the National Commission for Women in 2008 and by the Domestic Workers Rights Campaign in 2010, have also failed to result in an Act of Parliament. This is a grave lacuna, especially in light of ILO Convention 189. Articles 41 and 43A of the Constitution of India form the basis for our demands."
- "Only a central law can meet the requirements of regulating this sector, as workers frequently cross inter-state boundaries. The nearest law on the statute book, the Inter-State Migrant Workers Act, has proved hopelessly inadequate. Only an integrated law can regulate placement agencies and the conditions of domestic work, and provide social security to us."
According to the petition:
- "Given the size and special working conditions of domestic workers, there must be separate central legislation to protect their rights. The comprehensive legislation we demand should include the following non-negotiable elements: regulation of employment, conditions of work, and social protection. This includes wage fixation, dispute resolution, employment protection, social security, childcare facilities, housing, training, and skill development."
The National Policy on Domestic Workers (2010) by the Government of India states: "Domestic workers contribute immensely to the productivity and comfort of a large section of the population, especially in urban areas, by providing essential household services. In the process, they earn a livelihood. It is the duty of the State to regulate their employment and work so that they do not work under exploitative conditions but find recognition for their contribution to society... It is also the responsibility of the State to provide them social welfare on par with other workers, ensuring their present and future well-being. This policy aims to ensure such regulation and welfare measures are implemented by the State."
Key Demands for Legislation:
1. Registration of Workers and Employers:
- Compulsory registration of employers, workers, and service providers, including placement agents and contractors, to ensure proper regulation and efficient implementation of welfare measures.
- Workers should be registered at both the source and the work area, with multi-purpose ID cards. Employers should bear the responsibility for registration, supported by local bodies and the labor department.
2. Wages:
- The government should notify minimum wages for domestic workers, considering factors such as risk, security for old age and pregnancy, odd working hours, and unsafe working conditions. Wages should be fixed by the hour and location, revised with price index increases, and ensure a living wage. Payment methods, deductions, and increments should be regulated.
3. Hours of Work:
- Domestic workers should not work more than 45 hours per week, with a maximum of nine hours per day for those working five days or fewer, and eight hours per day for those working more than five days. Overtime should be paid at 1.5 times the regular wage, and workers should have a daily rest period of at least 12 consecutive hours.
4. Working Conditions:
- Residential workers should be provided with adequate, safe, hygienic, and private sleeping spaces and storage for belongings. All workers should have access to bathrooms, toilets, nutritious food, and safe drinking water. Full-time workers should receive breakfast, lunch, and tea, while residential workers should also receive dinner.
5. Leave:
- Domestic workers should be entitled to at least three weeks of annual leave with full pay, sick leave, and four consecutive months of maternity leave.
6. Prohibition of Child Labor and Forced Labor:
- No child below the minimum school-leaving age (15 years or older) should be employed as a domestic worker. Forced labor is strictly prohibited.
7. Workers Welfare Fund:
- The central government should establish a workers’ welfare fund in every state, with employers contributing one month’s wages annually. Matching contributions should be made by the central and state governments.
The enactment of robust legislation for domestic workers can benefit from existing policy guidelines and recommendations by organizations representing domestic workers.
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*The writer is the Honorary Convener of the Campaign to Save Earth Now. His recent books include When the Two Streams Met, Navjeevan, A Day in 2071, and India’s Quest for Sustainable Farming and Healthy Food
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