Supreme Court Strongly Advocates for Statutory Protection of Domestic Workers

 

Court’s Intervention & Immediate Directive

On January 29, 2025, a bench headed by Justice Surya Kant, along with Justice Ujjal Bhuyan, acknowledged the severe vulnerabilities faced by domestic workers and the absence of any dedicated legal safeguards. The Supreme Court invoked the doctrine of parens patriae—asserting the State’s responsibility to protect its most vulnerable citizens—and directed the Union government to form a high-level inter-ministerial expert committee.

This committee, comprising members from the Ministry of Labour & Employment, Social Justice & Empowerment, Women & Child Development, and the Ministry of Law & Justice, is mandated to submit a comprehensive report within six months. The report should assess the feasibility of establishing a specific legal framework to protect the rights and dignity of domestic workers.

Context & Facts Underlying the Ruling

The immediate context of the judgment was a criminal case involving the trafficking and wrongful confinement of a domestic worker—though the Court found no prima facie offence under relevant penal provisions (Sections 370 and 343, IPC). However, the incident sparked broader judicial attention to systemic neglect faced by domestic workers in India.

The Court highlighted that domestic workers:

• Are often from marginalized backgrounds (SC/ST/OBC/EWS).
• Are compelled into domestic work due to financial hardship or displacement.
• Endure low wages, unsafe conditions, and long working hours.

Remain outside the ambit of key labor protections such as the Payment of Wages Act, Minimum Wages Act, and the Sexual Harassment at Workplace Act. 

Existing State-Level Initiatives vs the Legal Vacuum

While the absence of a central law remains critical, certain states have taken initiative:

• Tamil Nadu established a welfare board (2007) offering education, pension, healthcare, and other benefits.
• Maharashtra enacted its Domestic Workers Welfare Board Act (2008), with social security measures like maternity and childcare assistance.
• Kerala introduced a Kerala domestic workers’ welfare bill in 2021. 

Yet, the Court observed that these piecemeal efforts are insufficient without a comprehensive, union-wide legislation.

International Standards & Historical Inertia

    The judgment also referenced the ILO Domestic Workers Convention, 2011, which lays out global benchmarks for fair working conditions for domestic labour—a convention India has yet to ratify. 

    Moreover, multiple attempts to legislate this area—from 1959, 1989, 2004, to 2017—have repeatedly failed due to legislative inertia and lack of political will. 

Broader Stakes & Activist Demands

    The National Platform of Domestic Workers (NPDW) has reiterated the need for urgent implementation of the Court’s directives, especially ahead of International Domestic Workers Day (June 16). Despite over 30 million domestic workers in India (80% women), there is still no national law ensuring fair pay, workplace safety, or social security.

To sum-up

• Importance of Legislative Reform: The decision underscores that domestic workers—from mostly marginalized communities—operate outside the scope of most labour protections like minimum wages, social security, and workplace safety laws.

• Multi-Ministry Collaboration: Requiring collaboration across key welfare and legal ministries acknowledges the multifaceted challenges domestic workers face, spanning labour, gender rights, and legal protection.

• Building on State-Level Steps & Global Norms: While some states have welfare mechanisms for domestic workers, the Court’s mandate signals the need for a nationwide, standardized legal framework that aligns with global norms like the ILO Domestic Workers Convention, 2011.