<p>On August 15, as India celebrates its independence from British colonial rule, it is also a time to reaffirm that the government, through our Constitution, vows to provide equal rights and protection to all citizens. It is quite appropriate that the theme of this year’s Independence Day is ‘Honouring Freedom, Inspiring the Future’. </p><p>The Union government, through this initiative, seeks to honour the sacrifices made by India’s freedom fighters, while celebrating the vibrant journey of the nation. This year’s campaign strives to foster national pride and unity by reminding people of our shared heritage and values.</p>.<p>While we acknowledge the services of our brave soldiers and defence personnel, there is another group of workers who are quietly building the nation in the shadows, by undertaking care-based services and cultivating important relationships. </p><p>Even after the passage of 78 years since our independence, we have failed to provide them with any adequate legal protection. Despite their indispensable roles, these workers, including nurses, home-health aides, childcare providers, and family caregivers, remain legally unprotected, unregulated, and invisible in policy discourse. Their rights are still subject to the vagaries of individual establishments and the discretion of successive governments.</p>.<p>In India, the closest we see care being constitutionally recognised is in Article 45, which places a duty on the State to provide early childhood care and education for all children until they complete the age of six years. However, even this provision is restrictive and extremely limited in scope – it applies only to children below the age of six and pertains solely to childhood care. Moreover, it is part of the Directive Principles of State Policy, which are non-justiciable and cannot be binding on the State. The Supreme Court has repeatedly described such directives as aspirational rather than enforceable rights.</p>.<p>Courts have, nevertheless, tried to bridge this gap, especially in elder and domestic care work. In Ashwani Kumar v. Union of India (2019), the Supreme Court called for monitoring geriatric care provisions and facilities, recognising that dignified care in old age is part of the right to life under Article 21. This was a step towards acknowledging that care is not merely welfare but also a right that the State must protect.</p>.<p>In Harbinder Kaur v. Navdeep (2023), the Punjab and Haryana High Court revised compensation for the death of a home-maker, explicitly recognising the economic value of unpaid domestic and caregiving labour. By doing so, the court affirmed that care work – often invisible in economic and legal frameworks – sustains families, communities, and the nation itself.</p>.<p>These judgements are significant, but they also highlight the limitations of our legal approach. Care is only recognised indirectly and is often tied to other rights such as dignity and life, rather than as a stand-alone, constitutional guarantee. This leaves the rights of care workers vulnerable to judicial discretion and policy shifts.</p>.<p><strong>Why care must be a right</strong></p>.<p>Care work is the infrastructure of our social and economic life. Every soldier was once a child nurtured by a caregiver. Every doctor, teacher, entrepreneur, and social reformer was sustained by invisible hours of feeding, teaching, and emotional support. Without care, no economy and society can function.</p>.<p>Yet, unlike the roads or defence systems, care is undervalued and underfunded. We measure GDP, but not the unpaid care that makes GDP possible. Recognising a constitutional right to care would mean acknowledging that caregivers deserve fair pay, protection, and dignity, and that those who need care should receive it as a matter of right, not charity.</p>.<p>If the State can guarantee fundamental rights to speech, equality, and life, why not the right to be cared for – and to care without exploitation? Embedding care in the Constitution could mean ensuring a minimum wage and social security protections for professional care workers and providing support systems for unpaid caregivers, such as pension credits and insurance coverage. The State’s capacity to support elder care, disability care, and childcare should also be strengthened.</p>.<p>This Independence Day, as we talk about inspiring the future, we must also expand the idea of freedom to include freedom from neglect, invisibility, and legal limbo for those who hold our communities together. To truly honour our founding fathers’ vision, we must ensure that care workers are no longer invisible citizens of India. A free India must value not only those who defend its borders but also those who build its foundations.</p>.<p><em>(The writers are research fellows at the Vidhi Centre for Legal Policy)</em></p>
<p>On August 15, as India celebrates its independence from British colonial rule, it is also a time to reaffirm that the government, through our Constitution, vows to provide equal rights and protection to all citizens. It is quite appropriate that the theme of this year’s Independence Day is ‘Honouring Freedom, Inspiring the Future’. </p><p>The Union government, through this initiative, seeks to honour the sacrifices made by India’s freedom fighters, while celebrating the vibrant journey of the nation. This year’s campaign strives to foster national pride and unity by reminding people of our shared heritage and values.</p>.<p>While we acknowledge the services of our brave soldiers and defence personnel, there is another group of workers who are quietly building the nation in the shadows, by undertaking care-based services and cultivating important relationships. </p><p>Even after the passage of 78 years since our independence, we have failed to provide them with any adequate legal protection. Despite their indispensable roles, these workers, including nurses, home-health aides, childcare providers, and family caregivers, remain legally unprotected, unregulated, and invisible in policy discourse. Their rights are still subject to the vagaries of individual establishments and the discretion of successive governments.</p>.<p>In India, the closest we see care being constitutionally recognised is in Article 45, which places a duty on the State to provide early childhood care and education for all children until they complete the age of six years. However, even this provision is restrictive and extremely limited in scope – it applies only to children below the age of six and pertains solely to childhood care. Moreover, it is part of the Directive Principles of State Policy, which are non-justiciable and cannot be binding on the State. The Supreme Court has repeatedly described such directives as aspirational rather than enforceable rights.</p>.<p>Courts have, nevertheless, tried to bridge this gap, especially in elder and domestic care work. In Ashwani Kumar v. Union of India (2019), the Supreme Court called for monitoring geriatric care provisions and facilities, recognising that dignified care in old age is part of the right to life under Article 21. This was a step towards acknowledging that care is not merely welfare but also a right that the State must protect.</p>.<p>In Harbinder Kaur v. Navdeep (2023), the Punjab and Haryana High Court revised compensation for the death of a home-maker, explicitly recognising the economic value of unpaid domestic and caregiving labour. By doing so, the court affirmed that care work – often invisible in economic and legal frameworks – sustains families, communities, and the nation itself.</p>.<p>These judgements are significant, but they also highlight the limitations of our legal approach. Care is only recognised indirectly and is often tied to other rights such as dignity and life, rather than as a stand-alone, constitutional guarantee. This leaves the rights of care workers vulnerable to judicial discretion and policy shifts.</p>.<p><strong>Why care must be a right</strong></p>.<p>Care work is the infrastructure of our social and economic life. Every soldier was once a child nurtured by a caregiver. Every doctor, teacher, entrepreneur, and social reformer was sustained by invisible hours of feeding, teaching, and emotional support. Without care, no economy and society can function.</p>.<p>Yet, unlike the roads or defence systems, care is undervalued and underfunded. We measure GDP, but not the unpaid care that makes GDP possible. Recognising a constitutional right to care would mean acknowledging that caregivers deserve fair pay, protection, and dignity, and that those who need care should receive it as a matter of right, not charity.</p>.<p>If the State can guarantee fundamental rights to speech, equality, and life, why not the right to be cared for – and to care without exploitation? Embedding care in the Constitution could mean ensuring a minimum wage and social security protections for professional care workers and providing support systems for unpaid caregivers, such as pension credits and insurance coverage. The State’s capacity to support elder care, disability care, and childcare should also be strengthened.</p>.<p>This Independence Day, as we talk about inspiring the future, we must also expand the idea of freedom to include freedom from neglect, invisibility, and legal limbo for those who hold our communities together. To truly honour our founding fathers’ vision, we must ensure that care workers are no longer invisible citizens of India. A free India must value not only those who defend its borders but also those who build its foundations.</p>.<p><em>(The writers are research fellows at the Vidhi Centre for Legal Policy)</em></p>
