New Delhi, Jan 29 (UNI) The Supreme Court on Wednesday directed the Union Government to explore enacting a comprehensive law to safeguard the rights and dignity of domestic workers.
A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan instructed the Ministry of Labour & Employment, in collaboration with related ministries, to establish an expert committee to assess the feasibility of such a law and submit its findings within six months.
The bench emphasized the critical role of domestic workers in urban households, performing essential tasks such as cooking, cleaning, and caregiving. Despite their growing demand, the Court noted that they remain vulnerable to exploitation and abuse due to the absence of a nationwide legislative framework.
In its judgment, authored by Justice Surya Kant, the Court highlighted that most domestic workers belong to marginalized communities, including Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Economically Weaker Sections. They often take up domestic work out of financial desperation and face challenges such as low wages, unsafe working conditions, and long working hours.
The Court underscored the “legal vacuum” surrounding the rights of domestic workers, noting that they are excluded from several key labour laws, including the Payment of Wages Act, 1936, Equal Remuneration Act, 1976, Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 and Juvenile Justice (Care and Protection of Children) Act, 2015.
While acknowledging the provisions introduced under the Code on Wages, 2019 and the Social Security Code of 2020, which bring domestic workers within the ambit of ‘unorganised workers,’ the Court observed that a pan-India law with specific protections is still lacking.
The judgment referenced international standards, including guidelines from the International Labour Organization (ILO), and noted previous but unsuccessful attempts to enact legislation for domestic workers’ welfare. States like Tamil Nadu and Maharashtra have set up welfare boards for domestic workers, and Kerala has introduced the Kerala Domestic Workers (Regulation and Welfare) Bill, 2021.
The Supreme Court, invoking its parens patriae jurisdiction, directed the Ministry of Labour & Employment, in coordination with the Ministry of Social Justice and Empowerment, Ministry of Women and Child Development, and Ministry of Law and Justice, to form an 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 Apex Court concluded that legislative intervention is crucial to protecting the rights of domestic workers and ensuring their dignity and safety.
It expressed hope that the Union Government would take prompt action based on the recommendations of the expert committee.