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The Supreme Court has raised concerns over the exploitation and abuse of domestic workers in India due to the absence of a protective legal framework.
It has directed the Centre to form an inter-ministerial expert committee to assess the need for a protective law.
Who are Domestic Workers?
According to the ILO, Domestic workers are those workers who perform work in or for a private household or households.
They provide direct and indirect care services, and as such are key members of the care economy.
Women make up the majority of domestic workers in India, with 26 lakh of the 39 lakh workers being female, according to 2019 government estimates.
12.6 million minors are employed as domestic workers (86% are girls, and 25% are under 14 years old).
Characteristics of Domestic Workers:
Informal and Unregulated: Most domestic workers lack job contracts, social security, and legal protection.
Live-in and Part-time Work: Some workers live with their employers (live-in workers), while others work in multiple households (part-time workers).
Migration: Domestic workers often migrate from poverty-stricken states like Jharkhand, Bihar, and Odisha to cities such as Delhi, Bengaluru, and Mumbai, as well as to Arab States, due to extreme poverty and a lack of job opportunities.
Marginalized Communities: The workforce is primarily composed of marginalized communities from Scheduled Castes (SCs), Other Backward Classes (OBCs), and Scheduled Tribes (STs).
Concerns of Domestic Workers India
Low Wages: Many earn below the minimum wage, with no formal contracts. They often work excessive hours without breaks or overtime pay.
Workers face physical and emotional abuse, including beatings, harsh conditions, sexual harassment, forced labour, and human trafficking, particularly minors from vulnerable communities.
The ILO states domestic work as a "modern slavery" practice, where workers, including minors, are vulnerable to abuse, exploitation, forced labor, and trafficking.
Female workers are vulnerable to sexual abuse. Many cases of abuse go unreported due to fear of retaliation or the lack of legal recourse.
Placement agencies exploit domestic workers by charging high fees for employment, without guaranteeing fair wages or safe conditions.
Workers are often not informed about the terms of their employment, including wages or job responsibilities.
Covid-19 worsened conditions, a 2020 study found that 57% of domestic workers in Kochi, Delhi, and Mumbai faced discrimination
Way Forward
Policy Changes: Implement the Draft National Domestic Worker Policy, 2019 to regulate placement agencies, ensure mandatory contracts with fair wages and benefits, and include domestic workers in social security and pension schemes.
Ratify the ILO Convention 189, create laws to protect domestic workers' rights, recognize their work as legitimate, and ensure legal protection and policy enforcement.
Anti-Trafficking Measures: Mandatory registration of placement agencies to ensure transparency
additionally, ensure strict enforcement of anti-trafficking laws under the Bharatiya Nyaya Sanhita, 2023
Empower Workers: Raise awareness of domestic workers' rights, provide access to legal aid and social services, and establish a statutory body to address grievances.
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