SC asks Centre to consider enacting law to protect domestic workers’ rights
The Supreme Court directed that an expert committee be formed to submit a report on the feasibility of such a move within six weeks.
The Supreme Court on Wednesday directed the Union government to consider bringing in a law to protect domestic workers’ rights, reported Live Law.
The bench of Justices Surya Kant and Ujjal Bhuyan instructed the Ministry of Labour and Employment to form an expert committee to evaluate the feasibility of such a law and submit a report within six weeks.
The composition of the expert committee would be determined by the Union government, the court said, adding that the government may be expected to work on enacting legislation to ensure the dignity and safety of domestic workers based on the committee’s findings.
The bench noted that despite being an essential workforce, domestic workers lack nationwide legal protection, making them vulnerable to exploitation by employers and agencies. This observation was made while disposing of a criminal appeal related to allegations of wrongful confinement and trafficking of a female domestic worker.
The judgement noted the role of domestic workers in urban households, performing tasks such as cooking, cleaning and caregiving. However, despite their increasing demand, they remain vulnerable to exploitation and abuse, it said.
The court noted that while the Code on Wages, 2019, and Social Security Code, 2020, address domestic workers’ rights, no pan-India law exists to protect them.
Many domestic workers come from marginalised communities such as Scheduled Castes, Scheduled Tribes, Other Backward Classes and Economically Weaker Sections and often take these jobs due to financial hardship, the judgement added.
“Indeed, domestic workers in India remain largely unprotected and without any comprehensive legal recognition,” the court said. “As a result, they frequently endure low wages, unsafe environments, and extended hours without effective recourse.”
The court observed that domestic workers are excluded from key legislation, including the Payment of Wages Act, 1936, the Equal Remuneration Act, 1976, the Sexual Harassment of Women at Workplace Act, 2013, and the Juvenile Justice Act, 2015.
