Domestic workers in India, primarily women from marginalized communities, continue to face a lack of legal protections and widespread abuse. Recent Supreme Court discussions highlight the urgent need for reform, but historical inaction underscores deep-rooted issues in recognition and regulation.
The Struggle for Rights: Domestic Workers in India Face Continued Abuse
The Struggle for Rights: Domestic Workers in India Face Continued Abuse
Despite calls for legal protections, domestic workers in India remain vulnerable to exploitation and abuse, revealing a complicated social and legal landscape.
Smitha (not her real name), a domestic worker in Delhi for 28 years, recalls the day she was publicly assaulted by an employer who accused her of theft. As a Dalit, she faces the double challenge of caste discrimination and workplace abuse. After enduring physical assault and being banned from her employer's housing community, Smitha received a meager payment for a month’s work. Like Smitha, countless domestic workers across India suffer from exploitation, abuse, and sexual violence, with many feeling helpless in seeking justice.
Last month, India's Supreme Court expressed grave concerns regarding the mistreatment of domestic workers, urging the federal government to devise legal measures offering protection. Previous initiatives, such as bills proposed in 2008 and 2016 aimed at registering domestic workers and enhancing working conditions, have consistently stalled in the legislative process. Even a national policy drafted in 2019 remains unimplemented, as government failures continue to leave workers without legal recourse.
India's system forces domestic workers to depend on the goodwill of their employers for fair treatment and respect. Officially, India counts approximately 4.75 million domestic workers, with estimates soaring as high as 80 million, indicating widespread underreporting. Professor Neetha N from the Centre for Women's Development Studies criticizes the current perception of domestic work, asserting the need for recognition as a labor relationship rather than a patron-client dynamic, which impedes the establishment of necessary labor rights and protections.
Legal frameworks do exist in certain states, but lack of awareness significantly hampers workers from utilizing them. Presently, domestic work is considered invisible under labor laws, limiting access to fundamental rights like minimum wage and safe working conditions. Additionally, the caste system complicates work dynamics, as the acceptability of certain tasks varies drastically among workers of different castes.
While the International Labour Organization (ILO) Convention 189 aims to standardize rights for domestic workers globally, India's failure to ratify or implement this convention reveals another layer of negligence. The ongoing exploitation of vulnerable workers, exemplified by a recent court ruling against the Hinduja family for trafficking and exploiting Indian domestic workers in Switzerland, further emphasizes the urgency for legal reform.
Experts underline that for substantial change to occur, decision-makers must confront their conflicts of interest; many influential policymakers are also employers of these workers, benefiting from their unregulated status. Addressing the complex societal attitudes toward domestic work and its workers is essential for comprehensive reform and protection. Understanding and redefining domestic work as a skilled profession is a crucial step towards ensuring safer, dignified working conditions for millions.
