Formalising the Invisible Workforce- Towards a National Framework for Domestic Workers’ Rights

Syllabus Mapping

Introduction

Domestic workers represent one of the most invisible yet vital groups within India's informal labour sector. Despite their indispensable contribution to sustaining urban households, they continue to face exploitation, low wages, and absence of legal protection. In light of the Supreme Court's 2025 Ajay Malik case, India stands at a critical juncture to bring domestic workers under a comprehensive legislative framework that ensures fair wages, social security, and dignity of labour, in line with constitutional values and international standards.

Context & Legal Foundations

1. Defining Domestic Work

As per the International Labour Organisation (ILO) Convention No. 189 (2011), domestic workers include those performing household duties such as cleaning, cooking, caregiving, and driving within an employment relationship.

2. Constitutional and Legal Provisions

• Articles 14, 15 & 21: Equality, non-discrimination, and right to life with dignity.
• DPSPs - Articles 39, 41, 42 & 43: Direct the State to ensure fair wages, humane work conditions, and social security.

3. Demographic Insights

• NDWM estimates: 4.2 million to 50 million domestic workers in India.
• NSSO (2012): 3.9 million domestic workers, of which 2.6 million were women.
• e-SHRAM registrations (2023): 2.81 crore domestic and household workers
• Urban India – second-largest employment source for women.
• Labour Codes (2019-2020): Domestic work notionally included but not comprehensively protected.

Major Challenges Faced by Domestic Workers

a) Lack of Legal Protection

• No standalone national legislation exists.
• The Ajay Malik (2025) verdict underscored the urgency of formal recognition and statutory safeguards.

b) Informality and Wage Insecurity

• Workers earn only one-third of average sectoral wages.
• Some states like Kerala and Karnataka set minimum wages, but implementation is weak.

c) Absence of Written Contracts

• Lack of documentation leads to wage disputes, arbitrary dismissal, and no grievance redressal.

d) Overwork and Exploitation

• Many work 12-16 hours daily without leave or overtime pay.
• The ILO classifies such unregulated work as a potential form of “modern slavery.”

e) Lack of Social Security

• Excluded from EPF, ESI, maternity benefits, or paid leave.
• State-level welfare boards reach only a small proportion.

f) Caste, Gender, and Social Stigma

• Predominantly women from marginalised castes and tribal communities.
• Face discrimination, harassment, and limited upward mobility.

Government Initiatives and Policy Measures

• Draft National Policy on Domestic Workers: Seeks to formalise employment, ensure minimum wages, registration, and social security, and prohibit child labour.
• Integration into Labour Codes: Code on Wages (2019) and Social Security Code (2020) include provisions for wage and welfare, but lack enforcement clarity.
• State Welfare Boards: Tamil Nadu (2007), Kerala, Maharashtra, and Delhi established welfare boards for insurance, pensions, and aid.
• e-SHRAM Portal: Over 30 crore informal workers, including domestic workers, registered for centralised welfare access.
• Child Labour and POSH Acts: Implementation of Child Labour (Prohibition and Regulation) Act (1986) and POSH Act (2013) safeguards against child employment and sexual harassment.
• NGO-Led Empowerment: NDWM and SEWA Delhi organise training, awareness, and unionisation drives for fair wages and safety.

The Way Forward – Empowerment through Structural Reform

• Dedicated Domestic Workers' Protection Act: Mandate written contracts, wage norms, and grievance redressal. India should ratify ILO Convention 189 for global labour alignment.
• Clarified Enforcement under Labour Codes: Include explicit provisions for timely payment, insurance, maternity, and pension benefits.
• Expansion of Welfare Boards: Create state-level boards ensuring universal coverage and transparent fund management.
• Encouraging Unionisation: Strengthen collective bargaining rights through worker associations like NDWM.
• Regulation of Recruitment Agencies: Licensing and monitoring to prevent trafficking and illegal deductions.
• Sensitisation and Awareness: Launch nationwide employer-employee awareness campaigns to reduce stigma. Kerala's awareness drives serve as a model for community-based sensitisation.

Conclusion

Domestic workers represent the unacknowledged core of India's care economy. Ensuring their rights aligns with John Rawls' Theory of Justice, which emphasises that inequalities must benefit the least advantaged. A comprehensive national law, robust social protection mechanisms, and social reorientation can transform domestic work into a dignified and secure profession, contributing meaningfully to inclusive and equitable growth.

UPSC Previous Year Question

Q. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: (2012) 1. Securing for citizens of India a uniform civil code 2. Organising village Panchayats 3. Promoting cottage industries in rural areas 4. Securing for all the workers reasonable leisure and cultural opportunities Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy? (a) 1, 2 and 4 only (b) 2 and 3 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4 ✓ Answer: (b)

Mains Practice Questions

1. Domestic workers form the unseen backbone of India's urban economy. Critically examine the challenges in ensuring legal recognition and social security for them, and suggest a framework for their empowerment and dignity of labour.
2. “While we flaunt India's demographic dividend, we ignore the dropping rates of employability.” What are we missing while doing so? Where will the jobs that India desperately needs come from? Explain.