New Delhi: The Supreme Court on Wednesday said the demand for domestic workers has been mounting in India, however, these workers in households face harassment and rampant abuse, across the country, due to the legal vacuum vis-à-vis their rights and protection.
The top court asked the Centre to form a panel of 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 Justices Surya Kant and Ujjal Bhuyan said the simple reason for the harassment and rampant abuse, which seems to be prevalent throughout the country, 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," said the bench.
The bench said, in the present case, the complainant was tortured and exploited for several years at the hands of individuals who forcibly transported her to different cities, in the promise of a better life which never materialised. It added that the purported placement agency which employed the complainant continually leeched her salaries, leaving her utterly destitute and helpless.
“While any avenues for employment being opened to marginalised women merit celebration, we are at pains to note that despite their growing demand, this indispensable workforce has also been the most vulnerable to exploitation and abuse," said the bench. The bench said it is concerned regarding the non-regulation of this crucial labour sector, which often leads to malignant results.
Against this backdrop, the top court directed 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.
According to reports by the International Labour Organisation, domestic workers currently constitute a significant portion of the unorganised workforce in India, with millions of individuals, primarily women, engaged in this sector.
The bench noted that their contributions are indispensable to urban households, performing tasks like cooking, cleaning, caregiving, and other essential services.
The bench said it, thus, seems to it 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. "Over and above the absence of any legislation protecting their interests, domestic labourers also find themselves excluded from existing labour laws as well," it said.
The bench said it is equally noteworthy that despite the absence of comprehensive protections for domestic workers through a central law, several states -- Tamil Nadu, Maharashtra and Kerala -- have taken initiatives to safeguard their rights and welfare. "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," said the bench.
The bench said domestic workers are compelled to undertake domestic work due to financial hardship or displacement, further reinforcing their vulnerability. "That is not to say, however, that we are declaiming this source of gainful employment that is readily available to women across all social substratas. On the contrary, we seek to affirm this important livelihood that is available to so many women, which brings them one step closer to financial security and the accompanying independence," said the bench.
The bench said it reposes its 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.
"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," observed the top court.
The top court's verdict came on a plea filed by DRDO scientist Ajay Malik, seeking quashing criminal proceedings initiated against him related to the trafficking and wrongful confinement of a domestic worker at his Dehradun house. The proceedings were initiated on a complaint by a worker, belonging to the Scheduled Tribe community from Chhattisgarh's Jashpur.
The bench did not find any substance in charges against Malik and his neighbour, as complainant's primary grievance related to the unfair treatment she received from Subhash, Mohan Ram, and Shambhu, who ran a placement agency in Delhi.
