Legal protection of domestic workers in india: A critical and empirical study
DOI:
https://doi.org/10.29070/sgbcp863Keywords:
Domestic Workers, Legal Protection, Labour Laws, Social Security, International Labour StandardsAbstract
In India, being a domestic worker is one of the most important yet staunchly disregarded elements of our structure. Domestic work is crucial to the operation of contemporary urban life, makes a large part of the domestic economy and enables women's entry into the labour market necessary for sustaining formal economic activity. Domestic workers, despite this vital contribution have largely remained unrecognised and excluded from labour laws. Most domestic work is done in private homes, informally and without written agreements including domestic workers are often exposed to abuse, poor working conditions, irregular payment and lack of social security.
This research paper critically assesses the legal protections available for domestic workers in India. The study analyzes status of domestic workers in context of constitutional guarantees, existing labour laws after state measures and the international labor standards. It indicates that India still does not have a centralized rights-based law for domestic workers and that the existing matrix of laws is still fragmented, welfare-oriented, week in implementation.
The study further contends that the legal invisibility of domestic workers is not only a consequence of legislative lacunae but also is intricately linked to the public-private divide, gender bias and the structure of informal labour. Empirical analysis reveals that basic rights such as minimum wages, regulated working hours, weekly rest, social security and effective grievance redressal mechanisms are never in practice available to domestic workers.
The paper concludes that guaranteeing meaningful legal protection to domestic workers requires a shift from a predominantly welfare-based approach to a comprehensive, rights-based and enforceable legal framework. This research provides useful insights and recommendations for policymakers and legislators to improve legal rights and protections of domestic workers in India.
Downloads
References
1. Blackett, A. (2019). Everyday transgressions: Domestic workers' transnational challenge to international labour law. Cornell University Press.
2. Government of India. (2008). The Unorganised Workers' Social Security Act, 2008. Government of India.
3. Government of India. (2019). Code on Wages, 2019. Ministry of Labour and Employment.
4. Government of India. (2020). Code on Social Security, 2020. Ministry of Labour and Employment.
5. International Labour Organization. (2011). Domestic Workers Convention, 2011 (No. 189). Geneva: ILO.
6. International Labour Organization. (2011). Domestic Workers Recommendation, 2011 (No. 201). Geneva: ILO.
7. Johnstone, L. (2012). Regulating domestic work: International standards and national implementation. International Journal of Comparative Labour Law and Industrial Relations, 28(4), 437–456.
8. Mahanta, U., & Gupta, I. (Eds.). (2019). Recognition of the Rights of Domestic Workers in India. Springer.
9. National Commission for Enterprises in the Unorganised Sector. (2007). Report on Conditions of Work and Promotion of Livelihoods in the Unorganised Sector. Government of India.
10. Oelz, M. (2014). The ILO Convention on Domestic Workers and its implementation. International Labour Organization.
11. Pape, K. (2016). ILO Convention C189—A good start for the protection of domestic workers: An insider's view. Progress in Development Studies, 16(2), 183–188.
12. Raghuram, P. (2001). Caste and gender in the organisation of paid domestic work. Work, Employment and Society, 15(3), 607–617.
13. Sengupta, A., Kannan, K. P., & Raveendran, G. (2008). India's Common People: Who Are They, How Many Are They and How Do They Live? Economic and Political Weekly.
14. Standing, G. (2011). The Precariat: The New Dangerous Class. Bloomsbury Academic.
15. Women in Informal Employment: Globalizing and Organizing (WIEGO). (2019). Your Toolkit on ILO Convention No. 189. WIEGO.
16. International Labour Organization. (2021). Making Decent Work a Reality for Domestic Workers. Geneva: ILO.
17. Liem, A., et al. (2024). Securing the rights and health of domestic workers. The Lancet Regional Health (or corresponding journal, if applicable).
18. Institute of Social Studies Trust. (2009). Survey of Live-out Domestic Workers in the National Capital Territory of Delhi.
19. Ministry of Labour and Employment. (2017). Status of Domestic Workers and Draft National Policy on Domestic Workers. Government of India.
20. Mahanta, U. (2024). Right to dignified life of domestic working women. Indian Law Institute Law Review.
This work is licensed under a 