Domestic workers are one of the most dispersed and unorganised segments of the labour force. Most of them are women from socially marginalised and economically disadvantaged sections of society and are therefore vulnerable to exploitation of varying kinds and degrees. When Tamil Nadu-based Penn Thozhilalargal Sangam (Women Workers’ Union) knocked on the doors of the Supreme Court seeking payment of minimum wages to domestic workers, the court dismissed the petition, saying the issue pertained to executive and legislative domains. The apex court missed the opportunity to examine the issue and issue directions that would help redress their grievances.
The court’s rant or diatribe against trade unions in general has been considered misplaced and unwarranted, and was criticised by many legal experts and labour leaders. In fact, the union had approached the departments and authorities concerned in vain and therefore sought a judicial solution. Domestic workers have in the past taken to the streets to draw the government’s attention to their plight, but to no avail.
Firstly, domestic workers should have legal rights and entitlements and be sufficiently empowered to secure their implementation. For that, they should be given legal recognition as formal employees through registration and employment contracts. Once formalised, they can seek minimum wages and social security benefits.
Second and more importantly, domestic workers are often subjected to physical, mental and sexual abuse and harassment, and many such instances are rarely reported to authorities or acted upon. Lack of education, awareness of rights and financial vulnerability rob them of agency and assertion, leaving them unable to protect themselves. A stringent law would be a small step in the right direction. Many women and children from the hinterland, especially from backward states, are trafficked for domestic work, akin to bonded labour or slavery. Again, generic criminal laws have not been effective in addressing such crimes.
In recent years, numerous start-ups have rushed to capitalise on the demand for domestic workers by developing applications that connect employers with potential employees. However, these business models are typically designed to benefit employers, often leaving domestic workers at a disadvantage. Much like gig workers, domestic workers using these apps remain excluded from the formal sector, stripped of essential rights and protections, and subjected to the persistent challenges of the informal and unorganised sector. Ultimately, the promise of higher earnings through such platforms is fleeting, while job security continues to erode.
Tamil Nadu’s pioneering efforts in addressing the issue are evident in the setting up of a statutory domestic workers’ welfare board in 2007, which is significant but remains largely on paper. Due to a lack of awareness and motivation, very few are registered with the board to avail benefits.
The solution, therefore, lies in specific policy and law. The government is dragging its feet. It has created a task force to draft a national policy. Inclusion of domestic workers under the new labour code is a welcome step, but the problems they face are complex and, in some aspects, unique, and therefore require a comprehensive policy and effective legislation, backed by unionisation and awareness campaigns that are critical for their empowerment.