In a significant move to empower domestic helps, the Supreme Court on Wednesday directed the Centre for a legal framework on the protection of the rights of domestic workers rights. The apex court observed domestic helps' exploitation as a reality and a "legal vacuum" to address them.
A bench of Justices Surya Kant and Ujjal Bhuyan observed that for now, there seemed no effective legislative or executive action to enact a statute, which could provide solace to millions of vulnerable domestic workers across the country.
"The simple reason for this harassment and rampant abuse, which seems to be prevalent throughout the country, is the legal vacuum which exists vis-à-vis the rights and protection of domestic workers," the court said.
As a result, they frequently endure low wages, unsafe environments, and extended hours without effective recourse, it added.
The top court directed the Ministry of Labour and Employment along with the Ministry of Social Justice and Empowerment, the Ministry of Women and Child Development, and the Ministry of Law and Justice, to jointly constitute a committee comprising area experts for a legal framework meant for the benefit, protection and regulation of the rights of domestic workers.
The composition of the expert committee, said the bench, was left to the wisdom of the Centre and its ministries concerned.
"It will be appreciated if the committee submits a report within a period of six months, whereupon the Government of India may consider the necessity of introducing a legal framework which may effectively address the cause and concern of domestic workers," it added.
SC plans to monitor the progress
After the verdict was pronounced, Justice Surya Kant said the court planned to monitor the progress once the panel filed its report.
The top court passed the order while quashing a criminal case against former DRDO scientist Ajay Malik for the alleged wrongful confinement and trafficking of his domestic help.
It also upheld the quashing of a case against his neighbour Ashok Kumar.
In his plea filed through advocate Rajeev Kumar Dubey, Malik challenged the Uttarakhand High Court decision refusing to compound and quash the FIR despite the complainant's domestic help reportedly saying she was not wrongly confined or trafficked by the scientist, a senior citizen.
The bench said it was an incontrovertible fact that the demand for domestic workers was mounting in India, given the rapid urbanisation and development.
"While any avenues for employment being opened to marginalised women merit celebration, we are at pains to note that despite their growing demand, this indispensable workforce has also been the most vulnerable to exploitation and abuse," it said.
In its opinion, domestic workers often belonged to marginalised communities, such as SC, ST, OBC, and EWS and were compelled to undertake domestic work due to financial hardship or displacement, further reinforcing their vulnerability.
(With PTI inputs)