PMF IAS Store Sale
PMF IAS General Science Book on Amazon

Domestic Workers in India: Policy Frameworks & Reforms

  • India is home to approximately 50 million domestic workers, primarily women, from states like Assam, Odisha, West Bengal, Jharkhand, and Chhattisgarh. These workers migrate within, across states, and even abroad, seeking employment.
  • However, they remain vulnerable to exploitation, abuse, and neglect due to gaps in the existing legal framework. Recently, the Supreme Court of India highlighted the lack of statutory protection for domestic workers and urged the Union Government to enact a comprehensive law safeguarding their rights.
  • Domestic workers contribute significantly to the economy by enabling well-off to participate in formal employment, but they remain one of the most unprotected labour groups in India. The country lacks a dedicated, comprehensive law to regulate domestic work, leaving them vulnerable to exploitation.

The Unorganized Workers’ Social Security Act, 2008

  • It has been enacted for providing social security to all unorganised workers including domestic workers.
  • The State Governments are mandated under the Act to formulate suitable welfare schemes for the unorganised sector workers including domestic workers relating to provident fund, employment injury benefits, housing, education schemes for children, skill up gradation of workers, financial assistance and old age homes. However, it has several shortcomings, like:
    • It does not mandate employers to contribute to the social security of domestic workers.
    • Implementation is weak due to the lack of awareness and registration of workers.
    • The implementation by the state governments has led to different levels of implementation of the Act, with some states lacking on the count.

The Minimum Wages Act, 1948

  • About half the states have included domestic workers as labourers under the Act. But the implementation remains weak, because:
    • Most of the domestic workers continue to receive wages below the minimum wage.
    • Enforcement is challenging due to the private nature of their workplace.
    • The law does not require domestic workers and employers to register with any authority.

The Payment of Wages Act, 1936

  • The Act mandates timely payment of wages but remains largely ineffective for domestic workers:
    • Employers delay or withhold salaries without any kind of penal action against them.
    • The informal nature of employment limits legal recourse.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)

  • Domestic workers are included under the Act, but practical enforcement is problematic, because:
    • Internal Complaints Committees (ICCs) are required at workplaces, but domestic workers do not have formal workplaces because of the problematic registration of domestic workers by employers
    • Victims find it difficult to access justice due to fear of job loss and social stigma.

The Equal Remuneration Act, 1976

  • The Act mandates equal pay for equal work, but domestic workers, in general, face wage discrimination. The discrimination becomes more pronounced when women, who are mostly from marginalised sections, are involved in it.

The Bonded Labour System (Abolition) Act, 1976

  • Despite the law, which abolished Bonded Labour across whole of India, domestic workers, especially children, continue to be trapped in debt bondage, forced labor, and trafficking.

The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

  • The Act covers migrant workers including domestic workers who migrate inter-state, but does not explicitly address domestic workers per se, who often migrate for work and severe exploitation.

The Domestic Workers’ Welfare and Social Security Act, 2010 (Draft Bill)

  • A draft bill was proposed in 2010 to regulate domestic work, ensure fair wages, & provide social security. However, it was never passed, leaving workers without adequate protection.

International Conventions and India’s Stand

  • Recognising the significant contribution of domestic workers to the global economy, taking into account the fact that domestic work continues to be undervalued and invisible and is mainly carried out by women and girls, the Convention 189 on Domestic Workers was brought in by International Labour Organization (ILO) in 2011.
  • India has not ratified the Convention, which establishes standards for fair wages, social security, and protection from exploitation.

Challenges in the Existing Framework

  • Despite the presence of some legal provisions, domestic workers continue to face significant challenges on various counts, which are:
  • Lack of a Dedicated Law: India lacks a comprehensive law specifically addressing the rights of domestic workers, leaving them without formal recognition and protection.
  • Informality and Lack of Written Contracts: Most domestic work arrangements are without any written agreement, leading to job insecurity, wage theft, and persistent cold violence. The absence of formal contracts allows employers to arbitrarily fire workers.
  • Gender and Caste Discrimination: The majority of domestic workers are women, and many belong to marginalised castes and communities, facing multiple layers of discrimination like poverty, patriarchy, casteism, etc.
  • No Effective Monitoring Mechanism: Enforcement of existing labor laws is weak and exists only as an exception, due to the private nature of domestic work, making inspections difficult.
  • Social Security and Benefits: Unlike formal sector workers, domestic workers lack health insurance, maternity benefits, pension schemes, paid leave, etc.
  • Abuse and Exploitation: Cases of physical abuse, sexual harassment, and forced labor are rampant, with little recourse for justice.

Necessary Reforms to Protect Domestic Workers

  • To address the yawning gaps, India must undertake urgent reforms to ensure domestic workers’ rights, dignity, and welfare.

Enactment of a Comprehensive Law for Domestic Workers

  • India needs a Domestic Workers’ Protection Act that:
    1. Recognises domestic work as formal employment.
    2. Mandates written contracts specifying wages, working hours, accruing benefits, etc.
    3. Regulates recruitment agencies to prevent exploitation and trafficking.

Inclusion Under the Labour Codes

  • Domestic workers have been included under the Code on Wages, 2019 to guarantee minimum wages and timely payment to them. It needs to be clarified in no uncertain terms.
  • The Social Security Code, 2020 has the term ‘Wage Workers’ for Domestic Workers & ensures their access to health insurance, pension, & maternity benefits to them. More stress needs to be laid on them.

Strengthening Enforcement and Monitoring

  • State governments should establish Domestic Workers’ Welfare Boards to monitor working conditions and address grievances. E.g., Tamil Nadu established the Tamil Nadu Domestic Workers Welfare Board in 2007 under the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982. The Board administers various social security benefits, including education assistance, marriage assistance, delivery assistance, immunisation benefits, accidental death compensation, pensions, etc.
  • A dedicated helpline and complaint mechanism should be established in this direction.

Ratification of ILO Convention

  • India should ratify ILO Convention 189 to align domestic worker rights with international standards.
  • Government and NGOs should conduct information, education, and communication programs to educate domestic workers about their rights.
  • Employers must be regularly sensitised about fair wages and humane working conditions.

Regulation of Working Hours and Rest Periods

  • A maximum 8-hour workday with overtime pay should be enforced.
  • Workers should be entitled to weekly offs and annual leave.

Social Security and Welfare Measures

  • Establish mandatory employer contributions for health insurance and provident funds.
  • Provide scholarships for children of domestic workers to break the vicious cycle of poverty.

Protection Against Abuse and Harassment

  • Special fast-track courts should handle cases of abuse against domestic workers.
  • Strengthen the implementation of the POSH Act 2013 by establishing community-based redressal mechanisms, which are meaningful and impactful.

Legalising Domestic Worker Unions

  • Domestic workers should be encouraged to form trade unions to collectively bargain for fair wages and better working conditions. E.g., The National Domestic Workers Movement (NDWM), a trade union based out of Chennai, active in 16 states, has been involved with domestic workers, children in domestic work and migrant domestic workers since 1985. It makes efforts to legitimise both domestic work and the domestic workers at all levels – local, state, national as well as international.

Strengthening Registration Mechanisms

  • A national registry of domestic workers should be created to provide them with ID cards, ensuring access to government schemes. The introduction of the e-Shram portal in 2021 has facilitated the creation of a centralised database to identify and register migrant/domestic/unorganised workers, enabling their access to welfare schemes.

The Role of Employers, Society and Government

  • Legal reforms alone cannot ensure justice for domestic workers. A collective effort is required:
    • Responsibilities of Employers: Employers should ensure written contracts, fair wages, and humane working conditions. Establish grievance mechanisms for resolving disputes amicably.
    • Government Initiatives: Digital wage payment systems can ensure transparency. Skill development programs can help domestic workers transition to better employment.
    • Civil Society and NGOs: NGOs must work to rescue and rehabilitate abused domestic workers. Media campaigns can raise awareness about their plight and rights.

Case Studies

  • Thailand: It has the provision of minimum wage, break time and timely leave have to be followed as per the law.
  • Singapore: It has ensured minimum wage, accommodation, insurance, medical and rest days for domestic workers. It also mandates pension fund contributions from employers.
  • Kerala: The state has already begun work on framing laws that would provide for minimum wage and associated conditions. The proposed legislation recognises domestic work as formal employment and is aimed to protect workers. It mandates an eight-hour workday, a weekly off, and social security for domestic workers. Through the legislation, the government plans to fix the accountability of both the employers and agencies through which they are recruited.

The absence of protective laws for domestic workers in India has led to their widespread exploitation. Existing labor laws provide limited safeguards, but they are inadequate in addressing the unique vulnerabilities of this workforce. A dedicated Domestic Workers’ Protection Act, combined with inclusion in labor codes, social security benefits, and strong enforcement mechanisms, is the need of the hour. India must move towards formalising domestic work, ensuring legal recognition, and providing social security to millions who sustain households but remain invisible in the legal framework.

Reference: The Hindu

PMF IAS Pathfinder for Mains – Question 67

Approach

  • Introduction: Begin with a brief context by mentioning the Supreme Court’s observation regarding the lack of protective laws for domestic workers, which leads to their exploitation.
  • Body: Give an account of the existing legal and policy framework on the issue, the gaps in them, and the necessary reforms needed for the safeguarding of domestic workers.
  • Conclusion: Reiterate the urgent need for legal reforms to protect domestic workers and emphasise the importance of formalising domestic work and ensuring social security.

Newsletter Updates

Subscribe to our newsletter and never miss an important update!

Assured Discounts on our New Products!

Leave a Reply

Your email address will not be published. Required fields are marked *

Newsletter

Never miss an important update!