GUWAHATI: The Supreme Court on Wednesday, January 29, directed the central government to consider enacting a law that protects the rights of domestic workers all over India. This directive was issued by a bench comprising Justice Surya Kant and Justice Ujjal Bhuyan.
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In its ruling, the court noted that while domestic workers contribute to form an essential part of India’s workforce, there is no pan-India law to safeguard their rights, making them vulnerable to exploitation. The bench made these observations while disposing off a criminal appeal related to allegations of wrongful confinement and trafficking of a female domestic worker.
Justice Surya Kant acknowledged the contributions of domestic workers in urban households, including cooking, cleaning, and caregiving. However, the judgement stressed that these workers, often from marginalised communities, are frequently subjected to low wages, unsafe working conditions, and excessive working hours due to the absence of legal protection.
The Supreme Court further pointed out the lack of comprehensive legal recognition for domestic workers in India. It noted that they are not covered under crucial labour laws such as the Payment of Wages Act, 1936, the Equal Remuneration Act, 1976, and the Sexual Harassment of Women at Workplace Act, 2013.
International guidelines were also referenced in the judgment, including those set by the International Labour Organization (ILO), and acknowledged past unsuccessful attempts to legislate for domestic workers' rights. It further noted that while some states, such as Tamil Nadu and Maharashtra, have introduced welfare boards for domestic workers, and Kerala has proposed legislation, a nationwide law remains absent.
The court finally advised the Ministry of Labour & Employment and other related ministries to form an expert committee to examine the feasibility of such legislation. A timeframe of six months has been provided to submit a report on the same.
