India’s vast population of domestic workers, estimated to number between 20 and 80 million, faces a persistent cycle of abuse and exploitation. Despite their crucial role in households across the country, these workers often go unrecognized and unprotected within the socio-legal framework. The recent discussions in India’s Supreme Court regarding the urgent need for a legal framework to protect domestic workers from abuse highlight an ongoing issue that has persisted for decades. Advocates, including groups like the Self Employed Women’s Association (Sewa), have tirelessly campaigned for reforms aimed at improving conditions for these workers, but progress remains stymied by systemic barriers and a lack of political will.
The root of the problem lies in the caste system and societal attitudes, which perpetuate discrimination and devalue the labor of domestic workers, many of whom come from marginalized communities. The dearth of legal recognition for domestic work means these individuals are left vulnerable to exploitation, as they lack basic rights, such as minimum wages, safe working conditions, and the right to unionize. The absence of a structured registration system compounds their invisibility, hindering efforts to provide them with the necessary protections and support.
Despite some states mandating minimum wages for domestic workers and existing federal laws addressing aspects of their labor conditions, the implementation and awareness of such provisions are woefully inadequate. Consequently, domestic workers often rely on the goodwill of their employers, leading to a power dynamic that facilitates abuse and neglect. This unfortunate reality is highlighted in the poignant story of Smitha, who faced public humiliation and violence from her employer, underscoring the urgent need for reform.
Furthermore, India’s failure to ratify the International Labour Organization’s (ILO) Convention 189, which advances the rights and protections of domestic workers, reflects a broader disconnect between ethical commitments at the international level and the practical realities on the ground. Although India supported the convention in 2011, it has yet to align domestic laws with the standards set forth by the ILO, thereby undermining the rights of an already marginalized workforce.
To enact meaningful change, a fundamental shift in perspective regarding domestic work is essential. Professor Neetha N from the Centre for Women’s Development Studies aptly notes that domestic work is too often viewed as unskilled labor. This stereotype must be dismantled to recognize the expertise and essential services provided by domestic workers. A rethink of how domestic work is classified, along with a commitment from lawmakers to enact protective legislation, is crucial for ensuring that these workers are afforded the same rights and protections as those in other sectors.
The inherent conflict of interest, as highlighted by advocates, further complicates the path to reform. Many decision-makers who are positioned to advance workers’ rights are also employers themselves, benefiting from the current system that perpetuates exploitation. The challenge, then, lies not only in creating legislation but also in fostering a cultural shift that acknowledges the value of domestic work and the dignity of those who perform it.
Ultimately, the plight of domestic workers in India is emblematic of broader societal issues linked to caste, gender, and labor rights. The unyielding conditions faced by individuals like Smitha can no longer be ignored. As awareness grows, advocacy efforts must intensify, and stakeholders across society, from the government to private citizens, must recognize their role in dismantling the barriers that allow such abuse to persist. The road to justice for domestic workers is long and arduous, but it is a journey that must be undertaken for the sake of a more equitable and humane society. As the Supreme Court’s recent calls for legal protections echo across the nation, there remains hope that change can be achieved, reflecting a commitment to safeguarding the rights of some of the most vulnerable members of society. Getting over the ‘invisibility’ of domestic workers in the legal and social framework will take concerted effort, thought leadership, and a commitment to accountability at all levels of society.
