In brief
Domestic workers in India suffer ongoing exploitation and abuse, with a lack of protective legislation and support contributing to their precarious situation. Despite Supreme Court attention and proposed laws, meaningful change remains elusive.
Domestic workers in India frequently face abuse and exploitation, as highlighted by Smitha (not her real name), who has been a domestic helper in Delhi for 28 years. She vividly recalls the day she was assaulted in public by an employer who accused her of theft. After struggling to advocate for herself and receiving a mere 1,000 rupees ($11; £9) for a month of labor, Smitha was ultimately barred from the housing society, believing police intervention would be futile.Her ordeal is not an isolated case; numerous domestic workers across India recount similar experiences of mistreatment, with many being women or migrants from marginalized castes. Despite the Indian Supreme Court's recent call to establish protective legislation for these workers, previous attempts to create such laws have failed. Proposed bills in 2008 and 2016 aimed at improving working conditions remain stalled, while a national policy from 2019 has yet to be enacted.This ongoing inaction leaves millions of domestic workers reliant on arbitrary employer goodwill for basic rights like wages or time off. Current estimates suggest India has between 20 to 80 million domestic workers, a significant increase compared to official statistics of 4.75 million, including three million women. Experts point to a paternalistic view of domestic workers as a core issue, hindering effective regulation and recognition of their labor rights.Notably, domestic work is not considered a formal employment sector in India, leaving workers without access to essential benefits such as minimum wage, safe conditions, or the right to unionize. Some Indian states have instituted minimum wage laws for domestic workers, but awareness of these provisions remains low, complicating enforcement.The issue of caste further complicates matters, reflecting deep societal hierarchies that dictate domestic work roles. As domestic helpers often work without contracts, identifying and registering their existence in the workforce poses significant challenges.India's failure to ratify the International Labour Organization's (ILO) Convention 189, which mandates equal rights for domestic workers, underscores the systemic neglect. Although India supported the convention in 2011, the lack of compliance remains a pressing concern. Activists argue for legislative measures not only to empower domestic workers within the country but also to regulate recruitment practices that can lead to exploitation abroad.High-profile legal cases, such as the Hinduja family's prosecution for unlawful treatment of domestic workers, reveal the entrenched issues within the system. Experts attribute the continued lack of legislative progress to potential conflicts of interest, as many decision-makers in power also rely on domestic workers in their households. Advocates for change stress that a shift in mindset and cultural perception surrounding domestic work is essential for lasting reform and protection of workers’ rights in India.
