Study the Indian Judiciary's part in Ensuring domestic workers human rights

Authors

  • Ashish Arora Research Scholar, School of Law Lords University, Alwar, Rajasthan
  • Dr. Jyoti Kumawat Professor, School of Law Lords University, Alwar, Rajasthan

DOI:

https://doi.org/10.29070/r5eqra86

Keywords:

Domestic Workers, Human Rights, Indian Judiciary, Labor Rights, Access To Justice, Exploitation

Abstract

Domestic workers are a vulnerable and underappreciated part of the workforce, and this research looks at how the Indian court has played a key role in protecting their human rights. Due to the informal nature of their employment and the absence of particular regulation, domestic workers often endure exploitation, abuse, and denial of fundamental rights, notwithstanding constitutional guarantees under Articles 14 and 21. Fair salaries, safe working conditions, and placement agency regulation are just a few of the topics that have been addressed in landmark court decisions that this study examines. This article discusses the efforts of the judiciary to provide domestic workers with legal safeguards, focusing on seminal decisions such as People's Union for Democratic Rights v. Union of India (1982). Social and cultural considerations, lack of legal education, and institutionalized prejudices are some of the obstacles that domestic workers confront while trying to get justice. It takes a look at judicial initiatives to promote social justice, bonded labour, and situations involving children as domestic workers. Despite the efforts of the court, the study shows that there are still major obstacles. To completely safeguard the human rights of domestic workers in India, it stresses the necessity of thorough legislation, systemic changes, and heightened awareness.

References

Nicola C. Armacost, “Domestic Workers in India: A Case for Legislative Action” 36 (1) JILI 53-63 (1994)

Prachi Jaiswal, Child Labour (A Sociological Study) (Shipra Publications, 2000), p.12

Kamala Sankaran, “Domestic Work, Unpaid Work and Wage Rates” 48 (43) EPW 85-89 (2013)

Uma Kothari, “Women’s Paid Domestic Work and Rural Transformation; A Study in South Gujarat” in Padmini Swaminathan (ed.), Women and Work (Orient Black Swan, 2002), p. 245

In a case heard before the Karnataka High Court, a woman gave a dying declaration to a doctor that the injury was accidental, but later told the magistrate that her husband had set her on fire. Because the doctor had neglected to sign the latter statement (which could have certified that the victim was fit to give a deposition), the case was thrown out.

Kaushik, P. D. (2007) State Response: Elimination of Gender Disparities. Women’s Rights: Access to Justice (1st ed., p. 32). New Delhi: BOOKWELL with Rajiv Gandhi institute for Contemporary Studies.

Shams, Dr. S. (1991) Women, Law and Social Change (1st ed., p. 210) New Delhi: Ashish Publishing House.

Neetha, N. (2019). Working at Others‟ Homes‟, Extending Legal Protection to Domestic Workers. In Neetha, N. (Ed.), Working at Others’ Homes-The Specifics and Challenges of Paid Domestic Work (pp. 265-266). Delhi. Tulika Books Publication.

Pratt, G.: “From registered nurse to registered nanny: Discursive geographies of Filipina domestic workers inVancouver, B.C.”, in Economic Geography, 1999, Vol. 75, No. 3, pp. 215-236.

Anggraeni, D., Dreamseekers: Indonesian women as domestic workers in Asia, Equinox Publishing Indonesia and ILO Jakarta, 2006, pp. 39-43.

Dewan,V. K. (2000). Law Relating to Offences Against Women (2nd ed. p.237). New Delhi: Orient Law House.

Shams, Dr. S. (1991) Women, Law and Social Change (1st ed., p. 244) New Delhi: Ashish Publishing House.

Pankaj Sain v. State (2014) 9 SCC 129

The PALERMO Protocols are three, were adopted by UN to supplement the Convention against Transnational Organized Crime.

Pankaj Sain v. State (2014) 9 SCC 129.

Child Welfare Committee v. Govt. of NCT of Delhi& Others (2007) W.P. (C) No. 6830 of 2007, CM 14015 of 2007.

Dr. B. K. Batra v. The State( 2013, March 30)Retrieved from https://indiankanoon.org/docfragment/114292568/

Krishnan, M. (2017, October 31).Workers Rights. India‟s Domestic Workers face Abuse without Legal Protection THE NEWS MINUTE https://www.thenewsminute.com/article/indias-domestic-workers-faceabuse-without-legal-protection-70827

Human Rights Law Network, National Domestic Workers Welfare Trust v. Union of India (2006, December 30). Retrieved fromhttps://hrln.org/litigation/national-domestic-workers-welfare-trust-vs-unionof-india

Mrs. Florence Joel v. Mater Die School(2004) 113DLT 511

People‟s Union for Domestic Rights v. Union of India AIR 1982 SC 1473

Sanjit Roy v. State of Rajasthan AIR 1983 SC 328

P. Shivaswamy v. State of Andhra Pradesh (1988) 4 SCC 466

Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802

Gome, S. (2018, September 7) Volume 4.1 Issue 2017. Decent Work for Domestic Workers: Reflections in the Indian Legal Context. Retrieved from http://docs.manupatra.in/newsline/articles/Upload/5E9B4EEB68E7-4200-AF9D-5B200680438B.

ILO, Resolution concerning the Conditions of Employment of Domestic Workers, Submitted by the Selection Committee, Record of Proceedings, Second African Regional Conference, Addis Ababa, 1964, ILO, Geneva, 1965, p. 260.

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Published

2024-10-01

How to Cite

[1]
“Study the Indian Judiciary’s part in Ensuring domestic workers human rights”, JASRAE, vol. 21, no. 7, pp. 68–74, Oct. 2024, doi: 10.29070/r5eqra86.

How to Cite

[1]
“Study the Indian Judiciary’s part in Ensuring domestic workers human rights”, JASRAE, vol. 21, no. 7, pp. 68–74, Oct. 2024, doi: 10.29070/r5eqra86.