Supreme Court urges legal protection for domestic workers

January 31, 2025 Hot from the Oven Valli Sarvani

The Supreme Court of India has directed the Union government to consider enacting a comprehensive law to protect the rights of domestic workers.

Thus the apex court would like to address their long-standing vulnerability and lack of legal safeguards.

A bench of Justices Surya Kant and Ujjal Bhuyan has instructed the Ministry of Labour and Employment to constitute an expert committee.

This committee will assess the feasibility of such a law and submit its findings within six weeks.

Based on the report, the government is expected to work towards drafting legislation to ensure the dignity, fair wages, and safety of domestic workers.

Despite being an integral part of urban and semi-urban households, domestic workers continue to remain largely unprotected under Indian law.

The court observed that they are often subject to low wages, long working hours, unsafe working conditions, and even exploitation by employers and placement agencies.

Many female domestic workers are also vulnerable to sexual harassment and abuse, with limited legal recourse.

A significant number of domestic workers belong to Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and Economically Weaker Sections (EWSs).

Economic necessity forces them into domestic labour, yet they remain one of the most undervalued and unregulated workforces in the country.

Although domestic workers are covered under certain provisions of the Code on Wages, 2019, and the Social Security Code, 2020, there is no comprehensive national law that governs their rights.

The Supreme Court noted that they are excluded from crucial legislations such as:

Payment of Wages Act, 1936
Equal Remuneration Act, 1976
Sexual Harassment of Women at Workplace Act, 2013
Juvenile Justice Act, 2015

The court’s directive to the government marks a significant step towards recognizing the rights of domestic workers and ensuring better working conditions, fair pay, and protection from exploitation.

If implemented, a dedicated law could provide much-needed legal recognition and social security benefits, improving the lives of millions of domestic workers in India.

Image Credit: Subhashish Panigrahi, CC BY-SA 4.0, via Wikimedia Commons