The Supreme Court on Wednesday directed the Central Government to address the “legal vacuum” concerning the rights and protection of domestic workers in India by forming a committee to draft a comprehensive legal framework. Justices Surya Kant and Ujjal Bhuyan, who presided over the case, highlighted the urgent need for legislative action to safeguard millions of domestic workers across the nation who currently face exploitation and abuse without sufficient legal recourse.
The court’s decision comes in response to a broader recognition of the harsh realities faced by domestic workers, including low wages, unsafe working conditions, and excessively long hours. Despite their significant contributions to the economy, these workers lack comprehensive legal protection and recognition, leaving them vulnerable to various forms of exploitation.
The Supreme Court has instructed the Ministry of Labour and Employment, the Ministry of Social Justice and Empowerment, the Ministry of Women and Child Development, and the Ministry of Law and Justice to jointly form an expert committee. This committee will be tasked with creating a legal framework aimed at the betterment, protection, and regulation of the rights of domestic workers.
The composition of the committee is left to the discretion of the concerned ministries, with the court expressing hope that a report will be submitted within six months. Following the report, the Government of India is expected to consider introducing legislation that effectively addresses the needs and concerns of domestic workers.
This directive was issued alongside the court’s decision to quash a criminal case against a former DRDO scientist, Ajay Malik, accused of wrongful confinement and trafficking of his domestic help. This case highlighted the broader issues faced by domestic workers and the need for a targeted legal framework to protect them.
Justice Surya Kant remarked on the vulnerability of domestic workers, many of whom belong to marginalized communities and are compelled to work due to financial hardships. The court noted the international norms and standards that protect such workers, emphasizing the need for India to align with these practices.
The court acknowledged its role in stepping in to protect vulnerable groups through interim guidelines in the past, despite traditionally being cautious of overstepping into the legislative domain. However, given the severe lack of protections for domestic workers, the court felt compelled to intervene.
