In brief
Despite the evident plight of domestic workers in India, including abuse and harsh working conditions, decades of advocacy have failed to engender successful legal protections. With systemic issues and caste-based discrimination compounding the challenges, the Supreme Court's recent emphasis on the need for a protective framework highlights the ongoing struggle for rights and dignity in this largely unregulated sector.
Smitha (not her real name), a domestic worker in Delhi for nearly three decades, recalls a traumatic experience when one of her employers assaulted her publicly, falsely accusing her of theft. Despite the intervention of a more compassionate family, Smitha received only a paltry sum of 1,000 rupees (approximately $11) for a month of arduous labor but was subsequently banned from the community. Convinced that law enforcement would not assist her, she chose not to report the incident. Smitha's experience resonates with the stories of countless domestic workers across India, who often endure abuse, exploitation, and assault while working in private homes. The majority of these workers are women, many of whom are migrants and come from lower castes facing societal discrimination. The Supreme Court of India recently expressed concern over the rampant exploitation of domestic workers and urged the federal government to consider legislation that would protect these individuals from abuse. However, this is not the first time such calls have been made; previous attempts to establish legal frameworks supporting domestic workers have consistently met with inadequate response from authorities. Bills introduced in 2008 and 2016 aimed to register domestic workers and enhance their working conditions remain unpassed. A comprehensive national policy proposed in 2019 to integrate domestic workers into existing labor laws has yet to be enacted. According to Sonia George from the Self Employed Women's Association (SEWA), despite formulating one of the most thorough policies for domestic workers, governmental inertia has left these vulnerable individuals without essential protections. Without formal protections, domestic workers must rely on the goodwill of their employers for fair wages, time off, and basic respect. Government statistics suggest there are approximately 4.75 million domestic workers in India, but experts from the International Labour Organization estimate that the numbers could be as high as 80 million. As highlighted by Professor Neetha N from the Centre for Women’s Development Studies, the status quo perpetuates a patronizing relationship between employers and domestic workers rather than fostering a genuine labor employment relationship, ultimately impeding necessary legal reforms. Currently, domestic work is not classified as employment under labor laws, denying workers vital rights like minimum wage, safe working conditions, and the ability to unionize.Although several Indian states have mandated minimum wages for domestic workers, there is little awareness of these rights among workers, and the dispersed nature of their work makes registration nearly impossible. Many domestic workers do not engage in contracts, leaving them vulnerable and ill-informed about their entitlements. George emphasizes the importance of visibility and accountability for both workers and employers in effecting change. The caste system further complicates conditions for domestic workers, with societal expectations dictating what roles different castes can perform. To address these inequalities, George advocates for a redefinition of the domestic work profession, arguing that the skills required for caring and cooking are often undervalued. India also faces international scrutiny for failing to ratify ILO's Convention 189, designed to safeguard domestic workers’ rights and ensure equitable treatment. Despite supporting the convention in 2011, the Indian government has not fully implemented all its provisions, raising concerns about its commitment to improving conditions for this vulnerable workforce.Last year, the Hinduja family drew attention in Switzerland when they were found guilty of exploiting their domestic workers, calling into question the practices of wealthy families employing vulnerable individuals. The lack of action over the years is often attributed to conflicts of interest among decision-makers, many of whom are also employers of domestic workers. The perpetuation of the current system suggests that any real change will require a fundamental shift in societal attitudes toward domestic work and the value of human dignity.
