The Struggle of India's Domestic Workers: A Call for Legal Protection

Smitha's harrowing account highlights the ongoing plight of millions of domestic workers in India, trapped in a cycle of abuse due to the lack of legal protections. Though calls for change have emerged, efforts to formalize domestic work and offer essential rights remain stalled.

Smitha (a pseudonym), a domestic worker in Delhi for nearly three decades, still remembers the excruciating moment when an employer publicly beat her. Accused of theft—an baseless attack fueled by caste discrimination—she received a meager payment of 1,000 rupees ($11 or £9) after a sympathetic family intervened. Despite her experience, Smitha embodies the struggles of many domestic workers within India, a sector rife with abuse, mistreatment, and sexual assault, predominantly affecting women from marginalized groups.

Recently, the Indian Supreme Court urged the government to consider drafting protective legislation for domestic workers, yet this is not the first such request. Prior attempts in 2008 and 2016 to establish a legal framework have floundered, and a significant national policy aimed at integrating domestic workers into existing labor laws is yet to be enforced. Activists like Sonia George of the Self Employed Women's Association (Sewa) stress that despite creating comprehensive policies, the implementation has consistently failed.

As it stands, domestic workers remain at the mercy of their employers for basic rights such as wages or leave. While official figures suggest about 4.75 million domestic workers in India, ILO estimates indicate that the actual number could be as high as 80 million. Professor Neetha N from the Centre for Women's Development Studies points out that the relationship between employers and domestic help perpetuates a patronizing dynamic that hinders regulatory efforts.

Significantly, while 14 states have established minimum wage laws for domestic workers, many in the workforce are unaware of their rights. The profession also lacks a formal registration mechanism, which contributes to the absence of accountability for employers. Additionally, caste dynamics introduce further complexities, challenging the very concept of domestic work, which is often dismissed as unskilled labor despite its demands.

India has yet to ratify ILO's Convention 189, an international human rights agreement aimed at affording domestic workers the same protections as other workers. Despite supporting the convention in 2011, the country continues to fall short on implementation.

Instances of abuse at the hands of employers surfaced recently, including a high-profile case involving the wealthy Hinduja family, accused of exploiting domestic workers in Switzerland. Experts like George argue that deeply entrenched conflicts of interest prevent meaningful legislative changes, pointing out that many decision-makers are also employers who favor the current system.

For genuine reform, a significant shift in societal attitudes is essential. According to George, changing perceptions about domestic work from an unskilled to a recognized and valued profession is crucial to advancing legal protections and securing the rights of this vulnerable workforce.