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3-February -2025-Special-Article

February 3 @ 7:00 am - February 28 @ 11:30 pm

DOMESTIC WORKERS IN INDIA

The Supreme Court of India has expressed concern over the exploitation of domestic workers due to the absence of a strong legal framework. It has directed the government to form an inter-ministerial expert committee to assess the need for a dedicated law to protect domestic workers’ rights.

Who are Domestic Workers?

  • According to the International Labour Organization (ILO), domestic workers are individuals who perform household tasks within private homes.
  • They provide essential care services and play a significant role in the care economy.

Status of Domestic Workers in India

  • India has approximately 39 lakh domestic workers, of which 26 lakh are women (2019 government data).
  • Around 12.6 million minors work as domestic workers, with 86% being girls and 25% under 14 years old.

Characteristics of Domestic Workers

  • Informal and Unregulated Employment: Most domestic workers lack job contracts, social security, and legal protection.
  • Nature of Work: Some workers stay at their employer’s home (live-in workers), while others work in multiple households (part-time workers).
  • Migration: Many migrate from states like Jharkhand, Bihar, and Odisha to metro cities and even Gulf countries due to poverty.
  • Social Background: A significant portion belongs to Scheduled Castes (SCs), Other Backward Classes (OBCs), and Scheduled Tribes (STs).

Challenges Faced by Domestic Workers

  • Low Wages and Exploitation: Many workers are underpaid, lack contracts, and work long hours without fair compensation.
  • Abuse and Harassment: Workers often face physical, emotional, and sexual abuse, with minors being highly vulnerable.
  • Lack of Legal Protection: Indian labor laws do not cover domestic work adequately, leading to a lack of rights.
  • Exploitation by Placement Agencies: Many agencies charge high fees, mislead workers, and do not ensure fair wages or safe working conditions.
  • Impact of the COVID-19 Pandemic: A 2020 study revealed that 57% of domestic workers faced discrimination, while 40% had no protective measures at work.

Legal Framework Governing Domestic Workers

No Central Law: Past efforts, including the Domestic Workers (Regulation of Work and Social Security) Bill, 2017, and the National Domestic Worker Policy, 2019, were never enacted.

Existing Laws:

  • Unorganised Workers’ Social Security Act, 2008: Provided some benefits but was replaced by the Social Security Code, 2020, which remains unimplemented.
  • Minimum Wages Act, 1948: Recognizes domestic work, but only 10 states have set minimum wages.
  • Sexual Harassment at Workplace Act, 2013: Covers domestic workers but lacks strong enforcement mechanisms.
  • Child Labour (Prohibition and Regulation) Act, 1986: Bans children under 14 from domestic work but allows those over 14 to work in homes.
  • State-Specific Laws: Tamil Nadu, Maharashtra, and Kerala have introduced laws ensuring social security, minimum wages, and maternity benefits for domestic workers.

Global Protection Measures

  • ILO Convention 189 (2011): Recognizes domestic work as legitimate employment and provides rights like fair wages and social security.
  • India supported the convention but has not ratified it yet.

Way Forward

  • Policy Implementation: Enact and enforce the Draft National Domestic Worker Policy, 2019 to regulate agencies and ensure fair wages, contracts, and social security.
  • Legal Reforms: Ratify ILO Convention 189, recognize domestic work as formal employment, and create robust laws for worker protection.
  • Anti-Trafficking Measures: Implement strict placement agency registration and enforce anti-trafficking laws under the Bharatiya Nyaya Sanhita, 2023.
  • Empowering Workers: Increase awareness of workers’ rights, provide access to legal aid, and establish grievance redressal mechanisms.

Conclusion

Domestic workers are an essential part of India’s labor force, yet they remain vulnerable due to inadequate legal protections. A strong legal framework, better enforcement of existing laws, and worker empowerment initiatives are crucial to ensuring their rights and dignity.

Mains Question:

  1. Discuss the challenges faced by domestic workers in India and suggest policy measures to ensure their rights and social security. (150 WORDS)

Details

Start:
February 3 @ 7:00 am
End:
February 28 @ 11:30 pm
Event Category:
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