We need a law to protect domestic workers

UPSC Syllabus Topic: GS Paper 2 –Governance-mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections.

Introduction

In January, the Supreme Court directed the Union government to frame a comprehensive law on domestic workers’ rights and to set up a committee to design the framework within six months. The current status of the report is unclear. The case that triggered the directive exposed confinement and trafficking and highlighted weak oversight, unsafe conditions, and poor access to remedies. This sets the context for the scale, challenges, and steps needed to protect domestic workers in India. We need a law to protect domestic workers.

Domestic workers and the current status of Domestic Workers in India

According to the International Labour Organisation (ILO ) Domestic Workers Convention, 2011, Article 1:

(a) The term ‘domestic work’ means work performed in or for a household or households;

(b) The term ‘domestic worker’ means any person engaged in domestic work within an employment relationship;

(c) A person who performs domestic work only occasionally or sporadically and not on an occupational basis is not a domestic worker.

Based on everyday working hours and nature of employment, domestic workers are classified into part-time, full-time and live-in workers.

source: SPRF

Status

• India is estimated to have 4 million–90 million domestic workers.
• Most are women and girls. A large share belong to Scheduled Castes and Scheduled Tribes, which makes them more vulnerable to power imbalances and abuse.
• Their work is essential in households and workspaces, but their visibility and bargaining power are low.
• India supported the International Labour Organization Convention No. 189 (2011) on rights of domestic workers but has not ratified it.

Challenges faced by Domestic Workers in India

1. Invisible workplaces and weak oversight: Work happens inside private homes, which atomises workers. Routine inspections are almost impossible. Risks include harassment, abuse, and segregationist practices. Child labour is rampant.
2. Precarious work patterns: Some work full time for one household; others rotate across many homes for a few hours. This makes minimum wages, fixed hours, and leave hard to set and enforce.
3. Migration vulnerability: Many are inter-State or cross-border migrants, needing protections across jurisdictions.
4. Legal gaps and weak enforcement

• There is no dedicated central law. Earlier proposals like the National Commission for Women’s draft (2008–10) and the Draft Policy on Domestic Workers (2017) did not advance.
• Domestic work entered the Minimum Wages Act, 1948schedules around 2011, but implementation is poor. Only 13 States/UTs require minimum wages for domestic workers.
• The Unorganised Workers’ Social Security Act, 2008 asks States to set up welfare boards, yet several States have not complied.

5. Data deficit and recognition issues

• Reliable numbers are missing. Estimates vary from 4 million to 50 million, and even higher in some counts. Poor data blocks planning and resource allocation.
• Key labour laws like the Industrial Disputes Act, EPF Act, and Factories Act do not treat domestic workers in private households as “workers.” This weakens rights and remedies.

6. Intermediaries: Informal placement agencies and housekeeping firms operate with little scrutiny. They are more focused on their own profits and care little about the rights of the workers.
7. Poor Unionisation: Only a small fraction of domestic workers are unionised or are part of organised groups. Lack of unionisation reduces their bargaining power to demand better wages. In the absence of any union, no support mechanism is available to workers facing exploitation and physical abuse.

Steps taken for the welfare of Domestic Workers

1. Constitutional and legal safeguards

• Article 23 prohibits trafficking, begar, and forced labour. Article 39(e) urges protection of health and strength from abuse.
• Domestic workers are covered under the Unorganised Workers’ Social Security Act, 2008 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH).
• The Child Labour Act has included domestic work in prohibited employment for children only up to age of 14 years.
• The Juvenile Justice Act, 2000 has been effective to some extent in the rescue of workers below the age of 18 years.

2. State initiatives:

• Tamil Nadu has a welfare board under the Tamil Nadu Manual Worker Act, 1982. Registered workers can get pensions, maternity benefits, education aid, and accident relief. Very few are registered. Minimum wage is ₹37–₹39 per hour, but workers often receive less, as they are treated as “part-time.”.
• Karnataka (draft, Oct 2025): Karnataka announced the Domestic Workers (Social Security and Welfare) Bill, 2025. It requires compulsory registration, written contracts with wages and hours, minimum wages, overtime, weekly holidays, and an employer contribution of 5% of wages to a welfare fund.

3. Schemes and Other Initiatives:

• The Rashtriya Swasthya Bima Yojana (RSBY) was extended to cover domestic workers. They are now covered under the Pradhan Mantri Jan Arogya Yojana.
• The e-Shram portal aims to register 38 crore unorganised workers in the country.
• A Voluntary Employers’ Pledge to Promote Decent Work for Domestic Workers in India was launched and adopted by All India Organizations of Employers and Employers Federation of India.
• The Union Minister for Labour and Employment has flagged off the first ever All India Survey on Domestic Workers (DW).

4. Global Initiatives:

• The Palermo Protocol, part of the United Nations Convention on Transnational Organized Crime, provides the definition of ‘trafficking in persons‘. A definition of trafficking that is in accordance with the Palermo Protocol has been integrated into the domestic law of India.
• The International Labor Organization (ILO) and the European Commission have collaborated to establish operational indicators of trafficking in humans.
• Convention 29 of the International Labor Organization was passed in 1930. It has defined forced or compulsory labour.
• Convention 189 of the ILO mandates decent working conditions for domestic workers.

Way forward

1. National Framework: Enact a central law that clearly defines rights, wages, hours, leave, safety, and grievance redress. Give domestic workers seats on every committee and welfare board. Enable inter-State coordination and issue a simple Model Act that States can adapt.
2. Wages and Standards: Notify minimum wages in every State and revise them regularly. Standardise task categories—cleaning, cooking, childcare, and elder care—so pay is clear for part-time and live-in roles. This helps monitoring and reduces disputes.
3. Registration and Records: Mandate registration of employers, placement agencies, and workers. Keep the process simple and available both online and offline. Maintain a monthly workbook via a tripartite board to record wages, hours, and leave.
4. Grievance and Safety: Create local complaint committees at panchayats and urban bodies under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 framework so access is close to workers. Integrate anti-trafficking units and move toward comprehensive labour-trafficking legislation.
5. Data, Portability, Housing: Run regular surveys and improve migrant worker data. Make benefits and grievance access portable across States. Provide predictable housing support linked to registration, not only during crises.
6. Worker Voice : Support unions and collectives with training, legal aid, and outreach. Build sustained political and social commitment so standards are enforced and abuse is deterred.

Conclusion

Domestic workers face low wages, weak protection, and limited voice despite their essential role. A time-bound central law, real enforcement, worker representation, updated data, local grievance access, and portable benefits across States are necessary. With clear rules and steady implementation, dignity and decent work can become the norm for domestic workers in India.

Question for practice:

Discuss the current status, key challenges, and necessary policy actions for ensuring the rights and welfare of domestic workers in India.

Source: The Hindu