'Legal vacuum': SC asks Centre to set up panel to safeguard domestic workers' rights

In the opinion of a bench of Justices, there seemed no effective legislative or executive action to enact a statute, which could provide solace to millions of vulnerable domestic workers across the country.

New Delhi: The Supreme Court on Wednesday told the Union government to form a panel of experts to consider the desirability of recommending a legal framework for the benefit, protection and regulation of the rights of domestic workers in view of their rampant abuse and exploitation.

A bench of Justices Surya Kant and Ujjal Bhuyan directed the Ministry of Labour and Employment in tandem with Ministries of Social Justice and Empowerment, Women and Child Development, and Law and Justice, to jointly constitute a committee of subject experts in this regard.

"We are at pains to note that despite their growing demand, this indispensable workforce has also been the most vulnerable to exploitation and abuse," the bench said.

The court said the demand for domestic workers has been mounting in India, in consonance with rapid urbanisation and development. However, the workers employed in households faced harassment and rampant abuse due to the legal vacuum vis-à-vis their rights and protection.

As per the International Labour Organisation, domestic workers currently constituted a significant portion of the unorganised workforce in India, with millions of individuals, primarily women, engaged in this sector.

Their contributions are indispensable to urban households, performing tasks such as cooking, cleaning, caregiving, and other essential services, the court said.

However, the bench said, "Domestic workers in India remain largely unprotected and without any comprehensive legal recognition. As a result, they frequently endure low wages, unsafe environments, and extended hours without effective recourse."

By its order, the court sought to affirm this important livelihood that is available to so many women, should be one step closer to financial security and the accompanying independence.

Even though there is absence of comprehensive protections for domestic workers through a central law, several States like Tamil Nadu, Maharashtra and Kerala have taken initiatives to safeguard their rights and welfare, the bench pointed out.

The court said it preferred to repose faith in the Legislature, and the elected representatives to take the imperative steps towards ensuring an equitable and dignified life for domestic workers.

"It will be appreciated if the committee submits a report within a period of six months, whereupon the Government of India may consider the necessity of introducing a legal framework which may effectively address the cause and concern of domestic workers," the bench said.

The court issued the directions in its judgment allowing a plea filed by DRDO scientist Ajay Malik, quashing criminal proceedings initiated against him related to trafficking and wrongful confinement of a domestic worker at his Dehradun house. The proceedings were initiated against him and his neighbour on a complaint by worker, belonging to Scheduled Tribe community from Chhattisgarh's Jashpur.

The court found no substance in charges against Malik and his neighbour Ashok Kumar, as complainant’s primary grievance related to the unfair treatment she received from Subhash, Mohan Ram, and Shambhu, who ran a placement agency in Delhi.