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Picture Courtesy:  THEHINDU

Context

The Supreme Court directed the Centre to draft a law protecting domestic workers’ rights and form a committee to submit its framework report within six months.

Who are Domestic Workers?

According to the International Labour Organization (ILO), domestic workers are those who perform work in or for a private household. 

They are a critical part of the care economy, providing essential services that enable others to participate in the formal workforce.

Current Status of domestic workers in India

Numbers and Demographics

Official figures from the National Sample Survey Office (NSSO, 2012) indicate 3.9 million domestic workers, with 2.6 million being women.  

Estimates  by the International Labour Organisation (ILO) place the count anywhere between 20 million and 90 million workers. (Source: The Hindu)

Nearly 90% of domestic workers in India are women or children (especially girls), ranging from ages 12 to 75 and it is estimated that 25% among them are below the age of 14. (Source: NDWM) 

A Bengaluru-based study in 2016 found 75% of domestic workers were from Scheduled Castes, 15% from OBCs and 8% from Scheduled Tribes. (Source: The Hindu)

Informal and Undervalued Work

Domestic work is largely informal, lacking formal recognition, contracts, and social security. It is undervalued and poorly paid due to being considered unskilled or a gendered role.

Shifting Workforce Dynamics

The Time Use Survey (TUS) 2024 by the National Statistics Office (NSO) indicates: women aged 15-59 spent less time on unpaid domestic services (305 minutes daily in 2024, down from 315 in 2019) and showed increased participation in paid employment (25% in 2024, up from 21.8% in 2019). (Source: PIB)

What are the Major Challenges Faced by Domestic Workers?

Legal Vacuum and Lack of Recognition

India lacks a national law for domestic workers, who are excluded from labor laws and lack legal protection as private homes aren't recognized workplaces.

Exploitative Working Conditions

• Low Wages: Many earn far below the minimum wage decided by states.
• Excessive Hours: They often work long hours with no paid overtime or mandatory rest periods.
• No Leave Benefits: Paid sick leave, weekly offs, and maternity leave are rarely provided.

Job Insecurity and Informal Contracts

Most arrangements lack written contracts, job security, or legal protection, leading to arbitrary termination, wage theft, and a total lack of legal recourse.

Abuse, Harassment, and Discrimination:

• Physical and Emotional Abuse: Cases of beatings, confinement, and verbal abuse are common.
• Sexual Harassment: Female workers are extremely vulnerable to sexual harassment and abuse, with few safe channels for reporting.
• Caste-Based Discrimination: Workers from SC/ST communities frequently face segregationist practices, such as being forced to use separate utensils or toilets.

Absence of Social Security

Most lack social safety nets like health insurance, provident funds, or old-age pensions, leaving them vulnerable during illness, emergencies, or in old age.

Exploitation by Placement Agencies

Many unregistered placement agencies exploit workers by charging high fees, providing false promises, and failing to ensure safe working conditions.  

Child Labour and Trafficking

Child labor in domestic work persists despite being illegal, with minors trafficked from impoverished rural areas to cities by exploitative agencies.

Migration Challenges

Inter-state migrant domestic workers face challenges including language barriers, lack of support, and difficulty accessing rights and welfare across state lines.

Lack of Collective Bargaining Power

Lack of unionization leaves domestic workers vulnerable, unable to collectively demand better wages, conditions, or legal protections.

What Existing Frameworks Address Domestic Work in India?

The Unorganised Workers’ Social Security Act, 2008

This Act included domestic workers but was largely ineffective due to weak implementation and lack of mandatory employer contributions. 

It is now subsumed under the Code on Social Security, 2020, which aims to provide universal coverage but is yet to be fully implemented.

The Minimum Wages Act, 1948

Only about 12 states have set minimum wages for domestic workers. Enforcement is weak due to the informal nature of the work. (Source: The Hindu)

The Sexual Harassment of Women at Workplace (PoSH) Act, 2013

The Act includes domestic workers and mandates the formation of Local Complaints Committees (LCCs) at the district level. However, practical implementation is challenged at local body levels.

The Child Labour (Prohibition and Regulation) Act, 1986

The Act bans the employment of children under 14 in all occupations, including domestic work. However, enforcement remains a major challenge.

Draft National Policy on Domestic Workers (2019)

This draft policy remains unenacted. It proposes key reforms like mandatory registration, minimum wages, social security, and regulation of placement agencies.

State-Level Initiatives

States like Tamil Nadu and Kerala have established welfare boards that provide registered workers with benefits like pensions and educational assistance. 

Karnataka's proposed Domestic Workers Bill, 2025, is a progressive step that mandates written contracts and employer contributions to a welfare fund.

ILO Convention 189 (2011)

This convention sets international standards for the rights of domestic workers. India voted in favour of it but has not yet ratified it, preventing its legal enforcement in the country.

Way Forward to strengthen the Rights of Domestic Workers 

 Enact a Comprehensive National Law: As directed by the Supreme Court, the government must enact a dedicated law that:

• Recognises domestic work as formal employment.
• Mandates written contracts specifying wages, working hours, leave, and job responsibilities.
• Makes it illegal to employ children under 18 as domestic workers.

Ratify ILO Convention 189

India should ratify ILO Convention 189 to ensure national laws align with international standards, demonstrate commitment to decent work, and provide a strong framework for domestic workers.

Implement Universal Social Security

Fast-track the Code on Social Security, 2020. Mandate employer contributions for health insurance and provident funds, following Karnataka's model.

Strengthen Enforcement and Grievance Redressal:

• Mandatory Registration: Create a national registry of all domestic workers, employers, and placement agencies, building on the e-Shram portal.
• Accessible Complaint Mechanisms: Form Local Complaints Committees under the PoSH Act at all local government levels and establish a national helpline. 

Regulate Placement Agencies

Placement agencies must be registered, regulated, and held accountable for placed workers to prevent trafficking and exploitation.

Empower Workers 

• Awareness Campaigns: Conduct widespread campaigns to sensitise both employers and workers about their rights and responsibilities.
• Skill Development: Offer skill enhancement through bodies like Domestic Workers Sector Skill Council (DWSSC) to boost domestic workers' bargaining power.
• Support Unionisation: Empower domestic worker unions to enhance their collective bargaining power and advocacy.

Inter-State Coordination

Improve inter-state coordination to protect migrant domestic workers' rights, ensuring portable social security and easy cross-border grievance redressal.

Conclusion

Undervalued domestic workers are vital to the economy. The Supreme Court's 2025 directive offers a historic chance for India to grant them dignity, rights, and protection through comprehensive law, ILO Convention 189 ratification, and a strong social security system.

Source: THEHINDU