Need for a National Law to Protect Domestic Workers

Context:

• The Supreme Court has urged the Union government to enact a comprehensive law for the protection of domestic workers, a highly vulnerable and informal workforce.

• Millions of domestic workers, mostly women from marginalized communities, continue to face exploitation due to lack of legal safeguards.

Key Highlights:

Supreme Court Direction / Governance Framework

• In January, the Supreme Court directed the Union government to:

  • Enact a law safeguarding domestic workers’ rights

  • Form a committee to prepare a legal framework

• However, the committee reportedly lacked representation from domestic workers themselves.

Scale and Social Profile of Domestic Work

• India has an estimated 4 million to 90 million domestic workers.

• Majority are:

  • Women and young girls

  • Migrants

  • From SC/ST and economically weaker communities

International Commitments: ILO Convention 189

• The International Labour Organization (ILO) adopted Convention 189 (2011) to ensure dignity and decent work for domestic workers.

• India has not yet ratified this convention, limiting global-standard protections.

State-Level Initiatives: Karnataka Bill 2025

• Karnataka introduced the Domestic Workers (Social Security and Welfare) Bill, 2025, which proposes:

  • Mandatory registration of workers

  • Written employment contracts

  • Minimum wage guarantee

  • Welfare fund contributions

Key Provisions of Karnataka Model

• Employers must contribute 5% of wages to a welfare fund.

• Contracts will improve accountability and reduce arbitrary exploitation.

Challenges in Domestic Work Regulation

Invisible Workplace and Atomization

• Domestic work occurs inside private homes, making:

  • Workplace inspections difficult

  • Harassment harder to detect

  • Child labour risks higher

Migrant Worker Vulnerability

• Absence of national law harms workers who migrate across states or from neighboring countries.

• Protection remains fragmented and inconsistent.

Existing Welfare Boards: Tamil Nadu Example

• Tamil Nadu has a welfare board under the Tamil Nadu Manual Worker Act, 1982.

• Yet, registration remains low and wages often fall below the stipulated minimum of ₹37–39 per hour.

NPDW Recommendations

• The National Platform for Domestic Workers (NPDW) drafted a Bill in 2017, suggesting:

  • Compulsory registration of workers, employers, and agencies

  • A workbook maintained by both parties and endorsed monthly

  • Strong grievance redress mechanisms

Women’s Safety and Sexual Harassment Protection

• Local Complaints Committees under the Sexual Harassment of Women at Workplace Act must be set up at:

  • Panchayat level

  • Urban local body level

• This would ensure accessibility for domestic workers facing abuse.

Structural Issues Beyond Wages

• Long-term solutions must address:

  • Housing insecurity

  • Social protection portability

  • Access to healthcare and childcare

Relevant Prelims Points:

• Domestic Worker: Person engaged in household services within an employer’s home.

• Minimum Wage: Legally mandated lowest remuneration.

• Social Security: Public measures ensuring protection against economic hardship.

• ILO Convention 189 (2011): Global framework for domestic workers’ rights.

Issue + Causes

• Domestic workers remain unprotected due to:

  • Informal nature of employment

  • Lack of national legislation

  • Power imbalance in private workplaces

  • Poor enforcement of wage and safety norms

Benefits of Legal Protection

• Ensures dignity of labour and decent working conditions.

• Reduces exploitation, harassment, and child labour.

• Supports women’s empowerment and social justice.

Challenges / Impact

• Difficulty of monitoring private homes.

• Resistance from employers due to perceived regulatory burden.

• Fragmented state-level welfare schemes without portability.

Relevant Mains Points:

Social Justice Dimension

• Domestic workers represent intersection of:

  • Gender vulnerability

  • Caste-based marginalization

  • Informal sector exploitation

Polity and Governance Linkages

• Need for enforceable rights-based framework ensuring:

  • Registration

  • Contracts

  • Minimum wages

  • Grievance redress

  • Social security benefits

Way Forward

• Enact a comprehensive national legislation aligned with ILO Convention 189.

• Ensure worker representation in policymaking committees.

• Create portable social security systems for migrants.

• Strengthen local complaint mechanisms for women’s safety.

• Address structural issues like housing and welfare access.

UPSC Relevance (GS-wise):

• GS 2 (Social Justice): Vulnerable workers, welfare legislation, labour rights

• GS 2 (Polity): Supreme Court directives, legal reforms, governance gaps

• GS 1 (Indian Society): Gender, caste, informal labour sector

• Prelims: ILO Convention 189, minimum wage, welfare boards