Domestic Workers’ Rights and Legal Protection in India

Domestic workers in India, largely comprising women and migrants, face widespread exploitation, abuse, and lack of legal protection. Despite being a crucial part of the workforce, their rights are often ignored, and they are vulnerable to mistreatment in private households.

Domestic Workers in India

• Under the ILO Convention 189, a domestic worker is “any person engaged in domestic work within an employment relationship”.
• According to official statistics, India has 75 million domestic workers, including three million women.
• But the International Labour Organization (ILO) estimates the true numbers to be between 20 and 80 million.

Issues Faced by Domestic Workers in India

• Exploitation and Abuse: Domestic workers are often subjected to physical, emotional, and sometimes sexual abuse. In many cases, these workers are paid extremely low wages, with some even being denied their dues.
• Lack of Legal Protection: Domestic work in India is not classified as formal employment, so domestic workers are excluded from the benefits and protections available to workers in the formal sector, such as minimum wages, social security, paid leave, or the right to unionize.
• Caste-Based Discrimination: Many domestic workers belong to lower castes, especially the Dalit community. This social hierarchy further entrenches discrimination, with workers being subjected to degrading treatment due to their caste.
• Lack of Recognition: Domestic workers are often not registered, making it difficult to identify them or track their employment history.
• Gender Inequality: The majority of domestic workers in India are women, and the sector is heavily gendered. This creates a scenario where women are disproportionately vulnerable to abuse, exploitation, and low wages.

Reasons Behind the Issues

• Absence of Formal Regulations: There are no comprehensive laws governing the sector.
• Socio-cultural Attitudes: The perception that domestic work is unskilled or "lower-status" perpetuates poor working conditions and social stigma.
• Fragmentation of the Workforce: The domestic workforce is scattered across individual homes, with workers often moving between multiple employers. This fragmentation makes it difficult to implement policies or raise awareness about their rights.

India’s Stand on Domestic Workers

• National Policy on Domestic Workers (2019): In 2019, the Indian government proposed a National Policy for Domestic Workers, aimed at improving their living and working conditions. However, the policy has not been fully implemented, and many domestic workers continue to work without any legal protection.

• State-level Protections: Several states have introduced minimum wage laws for domestic workers, such as Karnataka, Kerala, and Tamil Nadu. However, their implementation has been inconsistent, and workers often remain unaware of these provisions.
• International Commitment – ILO Convention 189: India has yet to ratify the International Labour Organization’s (ILO) Convention 189, which aims to provide domestic workers with the same rights as other workers.
  • Despite voting in favor of the convention in 2011, India has not fully implemented the provisions, further perpetuating the vulnerability of domestic workers.