We need a law to protect domestic workers

In January, the Supreme Court directed the Union authorities to enact a broad instrumentality to stipulate the rights of home workers and acceptable up a committee to look into mounting up a model for it. The Court directed the committee to taxable a study successful six months. Whether this has been done oregon not remains unclear.

Status of home workers

India is estimated to person 4 million-90 cardinal home workers. A bulk of them are women and girls and astir of them are from Scheduled Caste (SC) and Scheduled Tribe (ST) communities, rendering them peculiarly susceptible to structural powerfulness differences.

The Court’s caller directive was issued arsenic portion of transgression proceedings involving the confinement and trafficking of a pistillate home idiosyncratic from a ST assemblage from Chhattisgarh to Delhi. These proceedings bring attraction to respective considerations that are important successful devising rights and protections for home workers. Workers toil successful the homes and workspaces of different people, which has the effect of atomising them. Inspections into workplace conditions go astir impossible. These workers whitethorn beryllium taxable to harassment, abuse, and segregationist practices. Child labour is rampant successful this sphere. Exploitative employment agencies and brokers often mediate relationships betwixt employers and employees. While immoderate workers labour afloat clip successful a azygous household, others enactment crossed aggregate households for a fewer hours each day. This tin marque the stipulation and enforcement of minimum wages, enactment hours, and permission entitlements tricky.

Many workers are migrant workers who request protections crossed State borders. Workers besides routinely travel successful from neighbouring countries. The lack of a abstracted national-level authorities to look into protections and benefits hurts workers successful aggregate ways.

In designation of their contributions to the planetary economy, the International Labour Organization passed a Convention (no. 189) successful 2011 to guarantee the rights and protections of home workers. While India voted successful favour of the convention, it is yet to ratify it. As noted by the Court, determination person been aggregate attempts to walk authorities astatine the nationalist level from the 1950s. The National Platform for Domestic Workers (NPDW) was formed successful 2012 specifically to request a broad Central authorities for home workers. The NPDW drafted a Domestic Workers (Regulation of Work and Social Security) Bill successful 2017, but this Bill was ne'er enacted into law. While the Court’s caller directive is welcome, the information that the Court directed assorted ministries to represent a committee comprising “subject experts” with nary representatives of home workers is simply a substance of concern.

Gains made astatine the State level

In Tamil Nadu, wherever determination are astir 2 cardinal home workers, a payment committee has been acceptable up nether the Tamil Nadu Manual Worker Act, 1982. Through it, registered workers person benefits, including pensions, maternity benefits, acquisition assistance for children, and mishap relief. However, a precise tiny fig of workers are really registered. While minimum wage is stipulated astatine ₹37-39 per hour, workers thin to marque overmuch less. They are seen arsenic “part-time” workers due to the fact that they whitethorn not enactment afloat clip successful a azygous household. In effect to a plea filed by a home idiosyncratic successful Dindigul, the Madurai Bench of the Madras High Court directed the State authorities to see enacting a peculiar authorities to support home workers.

Meanwhile, the Karnataka authorities announced the instauration of the Domestic Workers (Social Security and Welfare) Bill, 2025, which looks to modulate the moving conditions of home workers. It requires that employers compulsorily registry home workers with the authorities and commence employment with a written declaration that includes an statement connected wages and enactment hours. It entitles workers to minimum wages, overtime pay, and play holidays. Importantly, it requires employers to lend 5% of wages to a payment money that volition administer payment benefits to home workers.

What should beryllium done

Tamil Nadu is 1 of lone 12 States that stipulates minimum wages for home workers. These wages indispensable beryllium updated and increased, portion each States indispensable beryllium required to stipulate minimum wages for home workers. In summation to the already-mentioned provisions successful the NPDW draught Bill and the Karnataka legislation, the NPDW recommends that each employers, employment agencies, and workers beryllium compulsorily registered with the State government. A workbook indispensable beryllium issued to each leader done a tripartite committee constituting employers, employees, and the State. This indispensable beryllium maintained by each leader and worker and endorsed each month. Women workers person reported not being capable to entree section complaints committees acceptable up astatine the territory level nether the Sexual Harassment of Women astatine Workplace (Prevention, Prohibition and Redressal) Act. These complaints committees indispensable beryllium acceptable up astatine panchayat and municipality section bodies.

Housing is different captious information for home workers. While workers successful Tamil Nadu received immoderate assistance during the pandemic-induced lockdowns successful 2020 and 2021, respective could not wage rent. Rather than intermittent alleviation successful the lawsuit of a “crisis”, structural solutions are imperative to support the women successful this captious workforce.

R. Geetha, Advisor to the Unorganized Workers Federation; Priti Narayan, Assistant Professor successful the Department of Geography astatine the University of British Columbia