Paper: GS – II, Subject: Society and Social Justice, Topic: Welfare Schemes, mechanisms, laws and institutions related to women, Issue: Need for a law to protect domestic workers.
Context:
In January 2025, the Supreme Court directed the Union Government to enact a comprehensive law to protect the rights of domestic workers. The Court also ordered the creation of a committee to propose a framework and submit a report within six months, which remains pending.
Key Highlights:
Status of Domestic Workers in India:
- Estimated 4–9 million domestic workers in India.
- Majority are women and girls, often from Scheduled Castes (SCs) and Scheduled Tribes (STs).
- They work in informal, unregulated settings, making them highly vulnerable to:
- Low wages and overwork
- Physical, verbal, and sexual abuse
- Child labour and exploitation by brokers
- Lack of social security, health benefits, and leave
Challenges in the Absence of National Legislation:
- No national-level law exists to regulate working conditions or provide benefits.
- Inspection and monitoring of workplaces are nearly impossible due to the private nature of homes.
- Workers are excluded from labour laws applicable to industrial and organized sectors.
- Interstate migration further worsens the issue as migrants face language barriers, isolation, and lack of access to grievance redressal.
International Commitments and India’s Position:
- The International Labour Organization (ILO) adopted Convention No. 189 (2011) for the protection of domestic workers. India voted in favour but has not ratified it yet.
- National Platform for Domestic Workers (NPDW) formed in 2012, drafted the Domestic Workers (Regulation of Work and Social Security) Bill, 2017, but it was never enacted.
State-Level Measures:
· Tamil Nadu: Provides welfare measures under Tamil Nadu Manual Workers Act, 1982. Benefits include pensions, maternity benefits, education aid, and medical assistance.
· Karnataka: Introduced Domestic Workers (Social Security and Welfare) Bill, 2025 which provides for Mandatory registration of employers and workers and Employment contracts ensuring minimum wages, overtime pay, and leave benefits.
Way ahead:
- Comprehensive National Legislation: Must include clear definitions, minimum wages, social security, grievance redressal, and penalties for exploitation.
- Registration and Record-Keeping: Both employers and workers must be registered with state labour departments.
- Tripartite Committees: Include employers, employees, and state representatives for wage fixation and dispute resolution.
- Grievance Redressal Mechanisms: District and Panchayat-level committees under the Sexual Harassment of Women at Workplace Act (2013) framework.
Conclusion:
A national framework ensuring dignity, fair wages, and social security is imperative to uphold the constitutional vision of social justice and equality.
https://www.thehindu.com/opinion/op-ed/we-need-a-law-to-protect-domestic-workers/article70187536.ece
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