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The Supreme Court on Wednesday urged the Union Government to consider a dedicated law to protect the rights and dignity of domestic workers.
A bench of Justice Surya Kant and Justice Ujjal Bhuyan directed the Ministry of Labour & Employment, along with other relevant ministries, to set up an expert committee to evaluate the feasibility of such legislation and submit a report within six months.
The Court acknowledged the vital role domestic workers play in urban households, performing essential tasks like cooking, cleaning, and caregiving. However, it pointed out that despite their growing demand, they remain vulnerable to low wages, long working hours, and unsafe conditions due to the absence of a national legal framework.
Many of these workers belong to marginalized communities, including Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Economically Weaker Sections, often taking up domestic work due to financial hardship.
Highlighting a “legal vacuum,” the Court noted that domestic workers are not covered under several key labor laws, such as the Payment of Wages Act, the Equal Remuneration Act, the Sexual Harassment at Workplace Act, and the Juvenile Justice Act.
While the Code on Wages, 2019, and the Social Security Code, 2020, include provisions for unorganized workers, the Court observed that specific protections for domestic workers remain lacking.
The judgment also referenced international labor guidelines, including those set by the International Labour Organization (ILO), and acknowledged past but unsuccessful efforts to introduce laws for domestic workers’ welfare.
Some states, like Tamil Nadu and Maharashtra, have established welfare boards, while Kerala introduced the Kerala Domestic Workers (Regulation and Welfare) Bill, 2021, to address their concerns.
In exercising its responsibility to protect vulnerable groups, the Court directed the Ministry of Labour & Employment to collaborate with the Ministries of Social Justice, Women and Child Development, and Law and Justice to form an expert committee.
“The composition of the committee is left to the government’s discretion. It would be desirable for the committee to submit its report within six months so that the government may consider whether a legal framework is necessary to address the issues faced by domestic workers,” the bench stated.
Emphasizing the urgency of legislative action, the Court underscored the need to ensure the safety, dignity, and rights of domestic workers. It expressed hope that the government would take swift action based on the expert committee’s recommendations.
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