Domestic Workers’ Rights and Legal Protection in India - POLITY

Domestic Workers’ Rights and Legal Protection in India - POLITY

NEWS: Domestic workers in India, largely comprising women and migrants, face widespread exploitation, abuse, and lack of legal protection. 

 

WHAT’S IN THE NEWS?

The International Labour Organization (ILO) Convention 189 defines a domestic worker as “any person engaged in domestic work within an employment relationship.” Domestic workers play a crucial role in Indian households, performing essential tasks such as cooking, cleaning, childcare, and elderly care.

According to official government statistics, India has 7.5 million domestic workers, including three million women. However, estimates by the International Labour Organization (ILO) suggest that the actual number of domestic workers in India ranges between 20 million and 80 million, highlighting the underreporting and lack of formal documentation in this sector.

 

Key Issues Faced by Domestic Workers in India

1. Exploitation and Abuse

  • Domestic workers are highly vulnerable to physical, emotional, and even sexual abuse, particularly because they work in private households without external oversight.
  • Many are subjected to excessively long working hours, often exceeding 12 to 14 hours a day, without adequate compensation.
  • Due to the informal nature of employment, wage theft is common, and many workers are denied their rightful salaries or forced to accept wages far below the minimum standards.

2. Lack of Legal Protection

  • In India, domestic work is not classified as formal employment, which means domestic workers are excluded from key labor protections such as:
    • Minimum wages
    • Social security benefits (Provident Fund, Employees’ State Insurance, etc.)
    • Paid leave, maternity benefits, and medical coverage
    • The right to unionize and demand better working conditions
  • Unlike workers in organized sectors, domestic workers have no structured grievance redressal mechanisms, making it difficult to report abuse, mistreatment, or unpaid wages.

3. Caste-Based Discrimination

  • A large proportion of domestic workers in India belong to marginalized castes, particularly Dalits and Scheduled Castes (SCs).
  • Due to India’s deep-rooted caste hierarchy, domestic workers from lower castes often experience:
    • Humiliating treatment, such as being forced to eat separately or use different utensils.
    • Verbal abuse and social exclusion by their employers.
    • Lower wages compared to workers from higher castes, despite doing the same work.

4. Lack of Recognition and Documentation

  • Many domestic workers are not registered under any formal employment records, making it difficult to track their work history or provide them with social security benefits.
  • Since there are no mandatory contracts in most cases, workers are easily exploited, with no legal backing to demand better pay, working conditions, or compensation for wrongful termination.

5. Gender Inequality in Domestic Work

  • The majority of domestic workers in India are women, making this sector highly gendered.
  • Women domestic workers often experience disproportionate exploitation, including:
    • Lower wages compared to male domestic workers.
    • Higher risk of sexual harassment and abuse.
    • No maternity benefits or job security during pregnancy.
  • Due to deep-seated patriarchal attitudes, domestic work is perceived as a “natural extension” of women’s household duties, further devaluing their labor and reinforcing gender inequality.

 

Reasons Behind the Issues

1. Absence of Comprehensive Legal Regulations

  • India lacks a dedicated national law governing domestic workers, unlike many other countries that have formal labor policies for this sector.
  • Existing labor laws, such as the Minimum Wages Act, 1948, do not adequately cover domestic workers, leaving them without enforceable rights or protections.

2. Socio-Cultural Attitudes Towards Domestic Work

  • Domestic work is often seen as “unskilled” labor and is not considered a formal profession.
  • This perception leads to lower wages, poor working conditions, and lack of respect for domestic workers.
  • Many employers believe that providing food and shelter compensates for low wages, further worsening the exploitation of live-in domestic workers.

3. Fragmentation of the Workforce

  • Unlike factory or office workers, domestic workers are scattered across individual homes and often work for multiple employers.
  • This fragmentation makes it difficult to organize domestic workers into unions, enforce labor laws, or implement awareness programs.
  • The isolated nature of their work also makes them vulnerable to mistreatment, as there are no co-workers or supervisors to intervene in cases of abuse.

 

India’s Policy Stance on Domestic Workers

1. National Policy on Domestic Workers (2019)

  • In 2019, the Indian government proposed a National Policy for Domestic Workers, aimed at improving their working conditions, wages, and access to social security.
  • The policy includes:
    • Recognition of domestic work as formal employment.
    • Minimum wage laws and legal contracts.
    • Social security benefits such as healthcare and insurance.
    • The right to form unions and seek legal protection.
  • However, this policy has not yet been fully implemented, leaving millions of domestic workers without formal rights or protections.

2. State-Level Protections

  • Some Indian states, such as Karnataka, Kerala, and Tamil Nadu, have introduced minimum wage laws for domestic workers.
  • However, the implementation remains weak, as many workers are unaware of these legal provisions, and enforcement mechanisms are inadequate.

3. India’s International Commitment – ILO Convention 189

  • The ILO Convention 189 on Domestic Workers, adopted in 2011, sets global standards for the rights of domestic workers, ensuring:

·         Fair wages and regulated working hours.

·         Social security, paid leave, and protection from abuse.

·         Legal recognition of domestic work as formal employment.

  • India voted in favor of the convention but has not ratified it, meaning its provisions are not legally binding in the country.
  • The lack of ratification continues to perpetuate the vulnerability of domestic workers, as they remain excluded from the protections enjoyed by workers in other sectors.

 

Conclusion

Domestic workers in India face severe exploitation, low wages, and a lack of legal recognition, despite their significant contributions to households and the economy.

  • Caste-based discrimination, gender inequality, and social stigma further exacerbate their vulnerabilities.
  • The absence of strong national regulations, coupled with weak enforcement of state-level protections, leaves them in a precarious situation.
  • While initiatives like the National Policy on Domestic Workers (2019) and ILO Convention 189 offer hope for reform, their full implementation remains a challenge.

The Way Forward

To ensure better working conditions, legal protections, and social security for domestic workers, the Indian government should:

  • Ratify ILO Convention 189 and integrate its provisions into national labor laws.
  • Implement and enforce the National Policy on Domestic Workers, ensuring awareness and access to benefits.
  • Strengthen state-level protections, including mandatory contracts, wage regulations, and grievance redressal mechanisms.
  • Encourage unionization and collective bargaining, allowing domestic workers to negotiate fair wages and working conditions.
  • Shift societal perceptions by recognizing domestic work as a skilled profession and ensuring its inclusion in formal employment categories.

By addressing these challenges and implementing robust labor protections, India can move towards a more just and equitable system for domestic workers, ensuring their dignity, fair wages, and safety in the workplace.

 

Government Schemes and Initiatives

1. Lakhpati Didi Scheme

  • Objective: Empower rural women by increasing their income through self-employment.
  • Key Features:
    • Aimed at enabling women to earn at least ₹1 lakh annually by promoting their participation in micro-enterprises.
    • Focuses on skill development, entrepreneurship, and access to financial resources.
    • Usually implemented through Self-Help Groups (SHGs) under various rural development initiatives.

 

2. Pradhan Mantri Shram Yogi Maandhan (PMSYM) Scheme

  • Objective: Provide old-age security and social protection for unorganized sector workers.
  • Key Features:
    • Voluntary and contributory pension scheme for workers earning up to ₹15,000 per month.
    • Workers aged between 18-40 years contribute monthly (₹55-₹200), matched by the government.
    • Ensures a monthly pension of ₹3,000 after the age of 60.

 

3. Atal Pension Yojana (APY)

  • Objective: Ensure income security during old age for workers in both organized and unorganized sectors.
  • Key Features:
    • Offers a guaranteed monthly pension (₹1,000-₹5,000) post-retirement.
    • Available to individuals aged 18-40, requiring regular contributions until 60 years of age.
    • Focuses on creating a universal social security system, particularly for the poor and marginalized.

 

4. Rashtriya Swasthya Bima Yojana (RSBY)

  • Objective: Provide health insurance to Below Poverty Line (BPL) families.
  • Key Features:
    • Covers hospitalization expenses for a family of up to five members.
    • Insurance coverage up to ₹30,000 annually on a floater basis.
    • Cashless benefits available through an extensive network of hospitals.
    • Now integrated into Ayushman Bharat – Pradhan Mantri Jan Arogya Yojana (AB-PMJAY).

 

5. e-Shram Portal

  • Objective: Create a centralized database for unorganized workers and provide them with social security benefits.
  • Key Features:
    • Workers can register for a unique e-Shram card with a Universal Account Number (UAN).
    • Provides access to welfare schemes like insurance, pensions, and skill development programs.
    • Includes construction workers, domestic help, street vendors, etc.
    • Helps the government ensure better planning and delivery of benefits to this sector.

 

Source: https://cjp.org.in/supreme-court-pushes-for-domestic-workers-rights/

https://timesofindia.indiatimes.com/india/sc-asks-government-to-initiate-process-for-statutory-protection-for-domestic-workers/articleshow/117719566.cms