A Legal Perspective on the Socio-economic Status of the Domestic Workers in India

Abstract

The number of female domestic workers in Indian cities has been significantly expanding. Domestic employees, on the other hand, are mostly ignored in today's economic growth debate. Domestic workers lack the necessary collectivities, groups, and popular spokespersons to express their grievances. This isn't to say that domestic workers are entirely overlooked in public debate. It is occasionally mentioned in academic circles as a developing category of female employment, and their inclusion in intervention programmes is mostly confined to their position as migratory workers. They are, however, generally missing from state policy, whether it be in the form of labour regulations or social policy. Domestic worker exploitation of women and children is a common and well-publicized problem. Domestic helpers, usually migrants from eastern states, have become modern slaves since they have no rights or norms to fall back on. Many women and children are also kidnapped and exploited by placement agencies, who operate openly without any constraints or rules, evading the tax net, requiring the need for regulation and control. Domestic employees are not covered by labour laws, and as a result, they are unable to exercise their rights. Domestic employment is not recognised as genuine work, and the clandestine nature of the workplace leads to exploitative living and working circumstances, as well as forced labour and human trafficking. Domestic workers' rights to just and favourable working conditions are further jeopardised by recruitment-related fees, deceptive recruitment practises, and discriminatory policies, which include extremely long working hours, absence of rest and leave periods, deprivation of food, delayed or non-payment of wages, and physical and sexual abuse. Recruitment-related fees, deceptive recruitment practises, and discriminatory policies further jeopardise domestic workers' right to just and favourable working conditions. Special provisions for women and children may be provided under Article 15 (3) of the Indian Constitution, as well as other considerations. The state government can also establish legislation to provide for the welfare of workers, such as working conditions, employer responsibility, social security, and social insurance, under entries 24 and 23 of list II of schedule VII of the constitution.