Context:

• The Supreme Court’s directive to the Union government on January 29 to explore the feasibility of a separate law for domestic workers is a significant step toward recognizing their rights.
• The Court has ordered the Centre to form an inter-ministerial committee to examine the necessity of a legal framework for domestic workers’ protection, regulation, and welfare.

The Vulnerability of Domestic Workers:

• Domestic workers (such as those involved in the cleaning tasks and cooking or care work) remain outside the purview of key labour laws such as the Minimum Wages Act and the Equal Remuneration Act.
• The Court noted that while some states have regulations, a uniform national law is missing.
• This workforce is primarily composed of marginalized communities and migrant workers, making them even more vulnerable.

Challenges Faced by Domestic Workers:

• Low wages and exploitative conditions:
  • Wages vary widely, even within the same locality.
  • Workers are often forced to take on additional tasks without extra compensation.
  • There is a lack of job security and social security benefits.
• Social invisibility and discrimination:
  • Domestic work is often undervalued due to gendered perceptions.
  • Many workers face harassment and humiliation from employers.
  • Abuse cases rarely get media attention and remain unaddressed.
• Existing gaps in legal framework:
  • India has yet to ratify the International Labor Organization (ILO) Convention 189 on domestic workers.
  • The judiciary has previously directed the registration of placement agencies, but these efforts have had little impact.
  • The 2019 Code on Wages includes domestic workers, but variations in employment structures (part-time/full-time, live-in/live-out) create complexities.

Key Considerations for a New Law:

• Clear definition and employment proof:
  • An inclusive definition of domestic work is necessary for effective regulation.
  • Proof of employment is a critical prerequisite for enforcing labour laws.
  • Workers' unions have demanded mandatory employer registration to address this issue.
• Employer resistance and workplace recognition:
  • Resistance by employers needs to be taken into account. Many employers do not consider themselves as such, nor do they view their homes as workplaces.
  • Any new legislation should ensure minimum entitlements and grievance redressal mechanisms.
• Recognise local aspirations: Though domestic work shows similar structural characteristics and features across the world, it is important to take note of regional and local specifics while formulating laws.

Way Forward:

• The Supreme Court’s directive presents an opportunity to push for a national law, which would help redefine power dynamics and give domestic workers a stronger voice.
• Regional efforts, such as those in Kerala and Delhi, should be examined. In Kerala, domestic workers are primarily protected under the "Kerala Domestic Workers (Regulation and Welfare) Act, 2021", which
  • Outlines their
    • Rights to minimum wages,
    • Dignified working conditions, written contracts, and
    • Protection against exploitation, including provisions for regulating employment agencies placing domestic workers with employers.
  • Stipulates regarding working hours, rest days, and mandatory social security benefits.
• The concerns of the domestic workers’ unions must be taken into account while framing any law.
• The effectiveness of any law will depend on the recommendations of the committee and the Union government’s commitment to implementation.

Conclusion:

• A separate legal framework for domestic workers would mark a major step toward ensuring dignity, fair wages, and protection from exploitation.
• While immediate transformation may be challenging, such a law would serve as a foundation for long-term improvements in their working conditions and social status.