Supreme Court nudges Centre to legislate for domestic workers

NEW DELHI: The Supreme Court on Wednesday directed the central government to draft a legal framework to protect domestic workers, citing their widespread exploitation and a lack of legal safeguards.

A bench comprising Justices Surya Kant and Justice Ujjal Bhuyan observed that no effective law currently exists to regulate their working conditions, leaving millions vulnerable to low wages, long hours, and mistreatment.

"The simple reason for this 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," the court said.

The court directed the ministry of labour and employment, ministry of social justice and empowerment, ministry of women and child development, and ministry of law and justice to form an expert committee. This panel will propose measures for the protection and regulation of domestic workers' rights. The court gave the committee six months time, after which the government may consider enacting a law.

The judgment was delivered while quashing a criminal case against former DRDO scientist Ajay Malik, accused of wrongful confinement and trafficking of his domestic worker. The court found that the worker had denied being trafficked or confined. Despite this, the case shed light on the broader issue of domestic workers being exploited.

The Supreme Court acknowledged that domestic workers often come from marginalised communities—and take up such jobs due to financial distress. The court also pointed out that domestic workers are excluded from many key labour laws, including the Payment of Wages Act, Equal Remuneration Act, and Sexual Harassment at Workplace Act.

While recognising the limits of judicial power in legislative matters, the court said that it has a duty to protect vulnerable groups. It also hinted at laying down interim guidelines for domestic workers' rights until a legal framework is put in place.