New Delhi: The Supreme Court on Wednesday (January 29) said that there seems to be a degree of lacunae in legislative frameworks, safeguarding and protecting the rights of domestic workers in India and directed the Ministry of Labour in tandem with other ministries to jointly constitute a committee comprising subject experts to consider the desirability of recommending a legal framework for the benefit, protection and regulation of the rights of domestic workers.
A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan directed this while hearing an appeal wherein a complainant woman was tortured and exploited for several years at the hands of individuals who forcibly transported her to differing cities, in the promise of a better life that never materialised. The purported placement agency which employed the complainant continually leeched her salaries, leaving her utterly destitute and helpless.
Demand for domestic workers has been mounting in India, apex court noted
The bench noted that the demand for domestic workers has been mounting in India, in consonance with rapid urbanization and development and their contributions are indispensable to urban households, performing tasks such as cooking, cleaning, caregiving, and other essential services.
“We direct the Ministry of Labour and Employment in tandem with the Ministry of Social Justice and Empowerment, the Ministry of Women and Child Development, and the Ministry of Law and Justice, to jointly constitute a Committee comprising subject experts to consider the desirability of recommending a legal framework for the benefit, protection and regulation of the rights of domestic workers,” the bench said.
“The composition of the expert committee is left to the wisdom of the Government of India and its concerned Ministries. It will be appreciated if the committee submits a report within a period of 6 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 added.
This indispensable workforce has also been the most vulnerable to exploitation and abuse: Apex Court
The bench further said that while any avenues for employment being opened to marginalised women merit celebration, it was at pains to note that despite their growing demand, this indispensable workforce has also been the most vulnerable to exploitation and abuse.
The bench observed that the harassment and rampant abuse of domestic workers seems to be prevalent throughout the country and the simple reason for this is the legal vacuum which exists vis-à-vis the rights and protection of domestic workers.
“Indeed, 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,” the bench said while noting that contemporary international standards not only acknowledge the vulnerability of domestic workers but also strive to provide them extensive protection and parity with other labourers.
There have already been several attempts to bring domestic workers under legal protection, apex court noted
The apex court bench, while noting that there have already been several attempts to bring domestic workers under legal protection, observed that no effective legislative or executive action in furtherance of enacting a statute, which could prove to be a boon to millions of vulnerable domestic workers across the country, has been undertaken as of now and over and above the absence of any legislation protecting their interests, domestic labourers also find themselves excluded from existing labour laws as well.
There have been certain positive developments: Apex Court
The apex court also acknowledged that there have been certain positive developments aimed at improving the legal and social status of domestic workers in India and said that these developments, while still in their initial stages of implementation, signal recognition of the need to address the systemic neglect faced by this workforce.
“Amidst this backdrop, which motions the lack of specific protections covering domestic workers in India, it becomes this Court’s solemn duty and responsibility to intervene, exercise the doctrine of parens patriae and forge the path leading to their proper welfare,” apex court said
The top court said that the judiciary should not stray too far out of bounds, and expressly interfere in the legislative domain and added, “It is in this vein, that we once again repose our faith in the Legislature, and the elected representatives of the Indian people, to take the imperative steps towards ensuring an equitable and dignified life for domestic workers.”
