Domestic Workers in India – Supreme Court Directive and Policy Challenges

In January 2025, the Supreme Court directed the Union Government to:

• Enact a comprehensive national law defining the rights and protections of domestic workers.

• Constitute a committee to prepare a framework for the same and submit a report within six months.

The directive arose from a criminal case involving the trafficking and confinement of a tribal domestic worker from Chhattisgarh to Delhi.

Estimated number: Between 4 million and 90 million, showing lack of reliable data.

Gender composition: Majority are women and girls.

Social background: Predominantly from Scheduled Castes (SC) and Scheduled Tribes (ST).

Nature of work:

• Often isolated in private homes, making inspection and monitoring difficult.

• Exposed to harassment, abuse, and segregation.

• Child labour is rampant.

• Many are migrant workers (inter-state and from neighbouring countries).

Employment intermediaries: Exploitative brokers and placement agencies dominate the recruitment process.

Work conditions:

• Varying hours (part-time or multiple households).

• Minimum wages, work hours, and leave entitlements are rarely enforced.

No national-level legislation for domestic workers’ welfare and protection.

India voted in favour of the ILO Convention No. 189 (2011) on domestic workers’ rights but has not ratified it.

Past efforts:

• Multiple legislative attempts since 1950s.

• National Platform for Domestic Workers (NPDW) formed in 2012, drafted the Domestic Workers (Regulation of Work and Social Security) Bill, 2017, which remains unenacted.

Current concern: The Supreme Court committee has no representation from domestic workers, only “subject experts”.

Welfare board under the Tamil Nadu Manual Workers Act, 1982.

Benefits: Pensions, maternity benefits, educational assistance, accident relief.

Issues:

• Low registration of workers.

• Minimum wage: ₹37–39/hour, but actual earnings are lower.

• Workers categorized as part-time, lacking full-time protection.

Judicial intervention:

• Madurai Bench of Madras High Court directed the State to consider a special law for domestic workers.

Introduced the Domestic Workers (Social Security and Welfare) Bill, 2025:

• Mandatory registration of both employers and workers.

• Written employment contract specifying wages and hours.

• Entitlements: Minimum wage, overtime pay, weekly holidays.

• Employer contribution: 5% of wages to a welfare fund for benefits.

Only 12 States currently stipulate minimum wages for domestic workers.

Need to:

• Revise and standardize wages across States.

• Enforce working hours, rest days, and leave provisions.

Compulsory registration of all employers, workers, and agencies (as per NPDW draft Bill).

Workbook system:

• Issued and maintained through a tripartite board (State–Employer–Employee).

• Monthly endorsements for transparency.

Sexual harassment redressal committees under the POSH Act must extend to panchayat and urban local bodies for domestic workers’ access.

Need structural housing and welfare mechanisms instead of crisis-based relief (like during COVID-19 lockdowns).

Welfare funds (like Karnataka’s 5% model) can support pensions, insurance, and child education.

Ratify ILO Convention No. 189 on domestic workers.

Pass a comprehensive central legislation ensuring:

• Minimum wages

• Regulated work hours

• Social security and insurance

• Access to grievance redressal

• Representation in policy formulation

Ensure inter-state coordination for migrant domestic workers’ rights.