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Blog / 01 Feb 2025

Supreme Court Directive on Domestic Workers' Protection

Context 
The Supreme Court of India has recently made a landmark judgment in a case involving an impoverished tribal woman from Chhattisgarh who worked as a domestic worker in Delhi.

·        The case highlighted the widespread exploitation and abuse faced by domestic workers across India, emphasizing the urgent need for legal safeguards to protect their rights

Background:

The court's judgment came after it quashed charges against Ajay Malik, the employer of the domestic worker, due to lack of evidence.

However, the court also directed the government to form a committee to consider a legal framework for domestic workers, recognizing the existing laws do not adequately protect them

Supreme Court's Observations
The Supreme Court noted the absence of a comprehensive central law for domestic workers, which has contributed to their vulnerability.

·        Domestic workers often face low wages, unsafe working environments, and long working hours, without access to legal recourse.

·        The Court emphasized the need for legal protections to address these systemic issues.

Court's Directives for Legal Reforms
The Court directed the Union government to establish an inter-ministerial committee consisting of experts from various ministries, including Labour, Women and Child Development, Law and Justice, and Social Justice and Empowerment.

·        This committee is tasked with recommending a legal framework to protect domestic workers' rights.

·        The report must be submitted within six months, which will help determine the necessity of a central law for domestic workers.

About Domestic Workers:

Domestic Workers are individuals employed in private households to perform various tasks such as cleaning, cooking, caregiving, gardening, and other household chores.

·        Certain states, such as Tamil Nadu, Maharashtra, and Kerala, have taken proactive measures by enacting their own laws to protect domestic workers.

·        These states have set up specialized bodies that manage social security benefits, maternity care, educational assistance, and fair wage standards for domestic workers.

Historical Attempts for Central Legislation
Over the years, various bills have been introduced to regulate the rights and welfare of domestic workers, including the 1959 Domestic Workers Bill and the 2017 Regulation of Work and Social Security Bill. However, despite these efforts, a central law for domestic workers has not yet been enacted, leaving a significant gap in their legal protection.