A Nation That Fails to Protect Its Domestic Workers Fails Its Most Vulnerable Citizens: Supreme Court Calls for Urgent Legislative Action

Today, In a landmark ruling Supreme Court of India addressed the glaring lack of legal protection for domestic workers in India. While quashing criminal proceedings against the appellant, the Court seized the moment to highlight the systemic exploitation of domestic workers and the urgent need for legislative intervention.

“A nation that fails to protect its domestic workers fails its most vulnerable citizens,” the Bench of Justice Surya Kant and Justice Ujjal Bhuyan observed, urging the Government of India to frame laws safeguarding the rights of domestic workers. The Court lamented that despite multiple legislative attempts over decades, India still lacks a comprehensive legal framework regulating the employment, working conditions, and rights of domestic workers.

The Court was hearing two appeals arising from FIR No. 60/2017, which alleged wrongful confinement and human trafficking of a female domestic worker. The complainant, a Scheduled Tribe woman from a financially disadvantaged background, had been brought to Delhi by a placement agency under false pretenses and subsequently employed as domestic help in various households, including that of the appellant, Ajay Malik.

While the Supreme Court ultimately quashed the proceedings against Malik, citing “a lack of prima facie evidence”, it took suo motu cognizance of the broader issue of exploitation of domestic workers and the absence of legal protections for them in India.

The Court observed that domestic workers in India remain one of the most vulnerable and unregulated labor forces, often facing low wages, long working hours, lack of job security, and rampant abuse. The Bench compared India’s legal landscape to international standards and found that while countries like Brazil, South Africa, and the Philippines have enacted strong laws for domestic workers, India lags behind in providing them even basic statutory protections.

Despite the growing dependence on domestic workers in urban households, there is no central legislation ensuring minimum wages, social security, grievance redressal, or regulation of placement agencies. The Court noted that multiple bills had been introduced in Parliament over the years to regulate domestic work, including:

The Domestic Workers (Conditions of Employment) Bill, 1959
The House Workers (Conditions of Service) Bill, 1989
The Domestic Workers Welfare Bill, 2016
However, none of these legislative proposals have been enacted into law.

SC Directs Government to Consider Legal Framework for Domestic Workers

In a significant move, the Supreme Court directed the Government of India to constitute an Expert Committee to examine the feasibility of a comprehensive legal framework for domestic workers. The Court mandated that:

The Ministry of Labour and Employment, along with the Ministry of Social Justice and Empowerment, the Ministry of Women and Child Development, and the Ministry of Law and Justice, must jointly form a Committee of experts.

The Committee shall assess the feasibility of enacting a central law governing domestic workers' rights and protections.

A report shall be submitted within six months to enable the government to take necessary legislative action.

The Bench emphasized: “Where the law is silent, exploitation thrives. It is time for the Legislature to act.”

Judiciary’s Role in Protecting the Rights of Domestic Workers

While the Supreme Court refrained from laying down specific interim guidelines, it made a compelling appeal to the Legislature to recognize and protect the rights of domestic workers. The ruling not only exonerates Ajay Malik from the wrongful charges but also serves as a watershed moment in India’s labor rights discourse.

By recognizing domestic work as an integral yet unregulated sector, the Supreme Court has paved the way for long-overdue legal reforms, ensuring that millions of domestic workers in India receive the dignity, security, and justice they deserve.

Date of Judgment: January 29, 2025