Syllabus: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes
Context:
- SC directed the Union Government to frame a comprehensive law safeguarding domestic workers’ rights.
- Ordered formation of a committee to draft a framework for protection and welfare.
- The committee was to submit its report within six months but the current status remains unclear.
Status of Domestic Workers in India
- India has 4–90 million domestic workers (wide estimate range).
- Majority are women and girls, largely from SC/ST communities.
- These workers face deep structural power imbalances and social vulnerability.
Key Vulnerabilities
- Workplace Challenges
- Domestic workers labour in private homes, causing isolation and lack of oversight.
- Inspections of work conditions are nearly impossible.
- Face harassment, abuse, segregation, and child labour is prevalent.
- Exploitative brokers/agencies mediate employment, worsening vulnerability.
- Work Patterns
- Some work full-time in one household; others part-time across many.
- Difficult to ensure minimum wages, fixed work hours, or leave benefits.
- Migration Issues
- Many are migrant workers, needing inter-State and cross-border protection.
- Lack of national legislation leaves them unprotected and excluded from welfare.
International and National Efforts
- ILO Convention 189 (2011)
- Ensures global rights and protections for domestic workers.
- India supported but has not ratified it yet.
- Legislative Attempts
- Efforts since 1950s to enact national law failed.
- National Platform for Domestic Workers (NPDW) formed in 2012 to push for central legislation.
- Domestic Workers Bill, 2017 (drafted by NPDW) remains unenacted.
State-Level Gains
- Tamil Nadu
- Approx. 2 million domestic workers.
- Welfare Board under Manual Workers Act, 1982 provides:
- Pensions, maternity aid, accident relief, educational assistance.
- But registration rates are very low.
- Minimum Wage: ₹37–₹39/hour — workers earn much less.
- Madurai Bench of HC directed the State to consider special legislation.
- Karnataka
- Announced Domestic Workers (Social Security and Welfare) Bill, 2025.
- Provisions include:
- Mandatory registration of workers by employers.
- Written contracts specifying wages and work hours.
- Minimum wages, overtime, weekly holidays.
- Employers contribute 5% of wages to a Welfare Fund.
Recommendations
- Minimum Wages
- Only 12 States, including Tamil Nadu, have fixed minimum wages.
- Wages must be revised and made uniform across States.
- Compulsory Registration
- All workers, employers, and agencies should be registered under State authority.
- Workbook System
- Each worker should have a Workbook maintained by employer and worker, endorsed monthly by a tripartite board.
- Sexual Harassment Redressal
- Domestic workers cannot access existing district-level complaint committees.
- Committees should be established at panchayat and urban local body levels.
- Housing Support
- Critical issue for domestic workers; many unable to pay rent during COVID lockdowns.
- Need structural, not crisis-based, housing solutions.
Conclusion
- A comprehensive national law is urgently required to ensure dignity, rights, and welfare of domestic workers.
- Must include: compulsory registration, written contracts, fair wages, welfare funds, grievance redressal, and housing support.
Q- Critically analyze the vulnerabilities faced by domestic workers in India. What legal and institutional mechanisms are needed to protect their rights? (15 Marks)