Empowering Domestic Workers in India

This editorial is based on “ We need a law to protect domestic workers”, which was published in The Hindu on 22/10/2025. The article argues that India urgently needs a comprehensive national law to protect domestic workers’ rights, ensure fair wages and social security, and formally recognise domestic work as dignified and regulated employment.

For Prelims: International Labour Organisation (ILO) Convention No. 189 on Domestic Work (2011),e-SHRAM portal, Code on Wages (2019), Code on Social Security (2020), Occupational Safety, Health and Working Conditions Code (2020), Industrial Relations Code (2020), Ajay Malik (2025) case, POSH Act 2013  

For Mains:  Demographic Trends and Legal Frameworks for Domestic Workers (DW) in India, Key Challenges Faced by Domestic Workers in India, Key Government Policies for Ensuring Domestic Workers' Welfare in India

Every day, millions of domestic workers across India power households, yet their contributions remain largely invisible and unprotected. Operating in private homes, often without formal contracts, minimum wages, or social security, they face exploitation and precarious working conditions. With the Supreme Court urging legal reform, the challenge now is to secure dignity, fair pay, and recognition for this indispensable but neglected workforce.

What are the Demographic Trends and Legal Frameworks for Domestic Workers (DW) in India?  

• About: According to the International Labour Organisation (ILO) Convention No. 189 on Domestic Work (2011), domestic workers are defined as “any person engaged in domestic work within an employment relationship.”  
  • Domestic work itself is described as work performed in or for a household or households, which includes a broad range of tasks such as cleaning, cooking, washing and ironing clothes, caring for children, elderly or sick family members, gardening, guarding the house, driving for the family, and even taking care of household pets. 
• Demographic Trends: The National Domestic Workers’ Movement (NDWM) estimates the number of domestic workers in India to range from 4.2 million to over 50 million, reflecting data variability due to informal employment. 
  • According to NSSO (2012), India had 3.9 million (39 lakh) domestic workers, of which 2.6 million (26 lakh) were women. 
  • As of July 2023, 2.81 crore domestic and household workers have registered on the e-SHRAM portal. 
  • In urban India, domestic work is the second-largest sector for female employment, emphasising the need for cities to understand and protect domestic workers (DWs). 
• Constitutional Mandates:  
  • Fundamental Rights: Articles 14, 15, and 21 of the Constitution collectively ensure equality before law, non-discrimination, and the right to life with dignity.  
    • These form the constitutional foundation for extending legal and social protection to domestic workers, often among the most marginalised sections of the labour force. 
  • Directive Principles of State Policy (DPSPs): Articles 39, 41, 42, and 43 obligate the State to secure fair working conditions, the right to work and social security, humane conditions of employment, and a living wage with a decent standard of life.  
    • Together, they guide legislative and policy action towards safeguarding domestic workers’ welfare. 
• Legal Framework: India does not have a comprehensive central legislation governing domestic work.  
  • Presently, domestic workers are notionally included under four labour codes — the Code on Wages (2019), Code on Social Security (2020), Occupational Safety, Health and Working Conditions Code (2020), and Industrial Relations Code (2020). 

What are the Key Challenges Faced by Domestic Workers in India?  

• Lack of Legal Protection and Recognition: Domestic workers are largely excluded from formal labour laws and social security schemes in India.  
  • Despite being covered under broad labour codes, there is no dedicated, enforceable legislation specifically protecting their rights.  
  • The Supreme Court, in the Ajay Malik (2025) case, has underlined the urgency for a legal framework to protect and regulate domestic workers’ rights.  
    • The judgement stated, “Any avenue for employment—domestic help—being opened to marginalised women merit celebration” and that the legal gaps must be plugged to ensure the rights of this indispensable workforce for Indian households. 
• Low and Irregular Wages: Domestic workers earn, on average, only about one-third of wages compared to other sectors in India, with many receiving irregular or delayed payment.  
  • For example, urban domestic workers have been documented earning as low as ₹49 per hour through emerging platforms, significantly undercutting informal local wage norms.  
  • Wage determination remains largely informal, and there is no uniform national minimum wage, though some states have adopted minimum wage laws, including for domestic work (Kerala, Karnataka, Andhra Pradesh). 
• Informality and Absence of Written Contracts: Most domestic workers lack formal written contracts, which hinders wage negotiation, job security, and legal recourse. 
  • This informality keeps domestic work hidden within private homes, contributing to invisibility in official statistics and policy.  
  • Organisations like the National Domestic Workers’ Movement (NDWM) have worked to organise thousands of workers to negotiate collective rights and demand documented contracts to curb exploitation. 
• Excessive Working Hours and Abuse: The International Labour Organisation (ILO) has described domestic work as a potential site of “modern slavery”, where workers—particularly women and minors—remain highly vulnerable to abuse, exploitation, forced labour, and human trafficking due to the informal and unregulated nature of the sector. 
  • Domestic workers frequently work 12-16 hours daily without guaranteed holidays or paid leave.  
    • This excessive work burden, combined with low wages, severely diminishes their quality of life and well-being. 
• Lack of Access to Social Security and Healthcare: Domestic workers are typically excluded from provident funds, health insurance, maternity leave, or paid sick leave. 
  • Their working conditions expose them to occupational hazards from manual chores and chemical exposure, but access to healthcare is scant.  
  • Welfare schemes implemented through some state-level domestic workers’ welfare boards cover only a small fraction of the workforce, and many workers remain unaware or unable to access social security benefits. 
• Social Stigma and Discrimination: Domestic work is socially viewed as low-status “women’s work,” primarily performed by marginalised castes such as Dalits and tribal populations.  
  • Such caste and class prejudices marginalise domestic workers further, limiting their social mobility and bargaining power.  
  • Their femininity, low education, and migrant status often intersect to deepen their socio-economic exclusion. 
  • Workers often face caste-based discrimination and abuse within households. 
    • The story of Smitha, a Dalit domestic worker in Delhi who was abused and denied wages, is one among many illustrating the systemic vulnerabilities these workers face.  

What are the Key Government Policies for Ensuring Domestic Workers' Welfare in India? 

• Draft National Policy on Domestic Workers: Formulated by the Ministry of Labour and Employment, this draft policy aims to legally recognise domestic workers as formal employees, ensuring their registration, minimum wage entitlements, social security benefits, protection against abuse, and rights to form unions.  
  • The policy also focuses on banning child labour in domestic service and regulating recruitment agencies to prevent exploitation. 
• Inclusion Under Labour Codes: Domestic workers have been incorporated into key labour reforms like the Code on Wages (2019) and the Social Security Code (2020), which promise minimum wages, health insurance, maternity, and pension benefits. 
  • However, enforcement and benefit access for domestic workers remain limited. 
• State Welfare Boards and Legal Protections: Several states — including Tamil Nadu, Kerala, Delhi, and Maharashtra — have established Domestic Workers’ Welfare Boards that provide health insurance, pension schemes, education aid for children, and grievance redressal mechanisms.  
  • Tamil Nadu’s board, created in 2007, offers assistance with childbirth, accidents, and marriage, pioneering formal recognition. 
• Digital Registration via e-Shram Portal: Launched in 2021, the e-Shram portal has registered over 30 crore unorganised workers, including domestic workers, enabling access to various welfare schemes.  
  • This national database aims to formalise informal workers and facilitate targeted social security delivery. 
• Anti-Trafficking and Child Labour Prevention: The government enforces the Child Labour (Prohibition and Regulation) Act, 1986 and coordinates rescue and rehabilitation programs in collaboration with NGOs to prevent child labour in domestic work.  
• Skill Development and Awareness Programs: NGOs and government bodies conduct training workshops to empower domestic workers with knowledge of their rights, skill enhancement, and collective bargaining power.  
  • SEWA Delhi, for example, organises domestic worker unions and campaigns to secure decent wages, safe conditions, and paid leave. 
• Legal Aid and Grievance Redressal: Fast-track courts and complaint helplines are being proposed and set up to handle domestic worker abuse and workplace violations efficiently.  
  • Implementation of the POSH Act 2013 is emphasised to protect domestic workers from sexual harassment. 
• Regulation of Recruitment Agencies: Proposed legislative measures seek to license and regulate placement agencies involved in domestic worker recruitment, aiming to reduce exploitation and trafficking risks. 

What Measures Can Be Adopted for Further Empowering Domestic Workers in India? 

• Enactment of a Dedicated Domestic Workers’ Protection Law: India urgently requires a Domestic Workers’ Protection Act to formally recognise domestic work as employment. 
  • The law should mandate written contracts specifying wages, working hours, benefits, and protections against exploitation and trafficking. 
  • This approach aligns with the ILO Convention No. 189, which India is encouraged to ratify to meet international labour standards. 
• Inclusion and Clarification Under Labour Codes:  Although included in the Labour Codes, explicit clarifications are needed to guarantee minimum wages, timely payment, health insurance, maternity benefits, and pensions for domestic workers. 
  • State governments should reinforce these provisions with clearer guidelines and enforcement mechanisms. 
• Social Security Inclusion through Robust Welfare Schemes: Establish and empower Domestic Workers’ Welfare Boards statewide. 
  • The recently introduced Karnataka Domestic Workers (Social Security and Welfare) Draft Bill 2025 aims to widen this coverage, proposing transparent mechanisms for welfare fund collection and disbursement.  
• Legalising and Supporting Domestic Workers’ Unions:  Promote the formation and formal recognition of domestic workers’ unions, enabling collective bargaining for fair wages and conditions. 
  • The National Domestic Workers Movement (NDWM) is a leading example, active across 16 states. 
• Regulation of Working Hours, Rest Periods, and Social Security Contributions: Enforce a maximum 8-hour workday with legally mandated overtime pay, weekly rest days, and annual leave. 
  • Institutionalise mandatory employer contributions towards provident funds, health insurance, and pension schemes for domestic workers. 
  • Offer scholarships and education support for workers’ children to confront cycles of poverty. 
  • Mandate licensing and rigorous regulation of private recruitment agencies to prevent exploitation, human trafficking, and illegal wage deductions. 
• Awareness, Education, and Legal Literacy Programs:  Government and NGOs must conduct rights awareness campaigns targeted at both domestic workers and employers to promote fair treatment and reduce discrimination. 
  • Employers should be sensitised to ensure humane working conditions, proper contracts, and respect for workers’ rights. 
  • Kerala’s awareness drives and NGO-led workshops educate both parties on labour laws and protections, reducing stigma and irrational employer resistance.  
  • Public sensitisation complements legal reforms to change social perceptions. 

Conclusion:

Domestic workers, often invisible yet vital, deserve legal recognition, social security, and dignity. As John Rawls’ Theory of Justice proposes, “social and economic inequalities are to be arranged so that they are to the greatest benefit of the least advantaged”. Thus, India must enact a comprehensive Domestic Workers’ Protection Act, regulate recruitment, and expand welfare schemes. Collective unionisation and awareness campaigns are essential for empowerment, ensuring millions attain fair wages, safety, and respect, thus transforming domestic work into dignified employment.

Drishti Mains Question:

Domestic workers form the unseen backbone of urban households. Examine the key challenges in securing legal protection and social security for domestic workers in India and suggest measures to ensure their rights and dignity.

 

Frequently Asked Questions (FAQs) 

1. What is the definition of domestic workers?
Workers engaged in household tasks like cleaning, cooking, childcare, eldercare, and maintenance under an employment relationship (ILO Convention No. 189, 2011).

2. How many domestic workers are there in India?
Estimates range 4.2–50 million; 2.81 crore registered on e-SHRAM (2023); urban domestic work is second-largest female employment sector.

3. What are the main challenges faced by domestic workers?
Lack of legal protection, low wages, long hours, harassment, informality, social stigma, and limited social security.

4. Which policies protect domestic workers in India?
Draft National Policy, Code on Wages (2019), Social Security Code (2020), state welfare boards, e-SHRAM portal, POSH Act, and Child Labour Act.

5. What measures can empower domestic workers further?
Dedicated protection law, clarified labour codes, welfare boards, unionisation, regulated recruitment, awareness programs, social security, and fair wages.

UPSC Civil Services Examination Previous Year Question (PYQ)

Prelims

Q. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: (2012) 

1. Securing for citizens of India a uniform civil code 
2. Organising village Panchayats 
3. Promoting cottage industries in rural areas 
4. Securing for all the workers reasonable leisure and cultural opportunities

Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy? 

(a) 1, 2 and 4 only  

(b) 2 and 3 only  

(c) 1, 3 and 4 only  

(d) 1, 2, 3 and 4  

Ans: (b)

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Mains 

Q.“While we flaunt India’s demographic dividend, we ignore the dropping rates of employability.”What are we missing while doing so? Where will the jobs that India desperately needs come from? Explain.