The plight of India's domestic workers, particularly women from marginalized castes, reveals a systematic failure to implement protective laws, leaving them subject to mistreatment, a lack of job security, and societal discrimination. Stories like that of Smitha, who endured public humiliation and violence from her employer, underscore the urgent need for policy reform and recognition of domestic work as a legitimate profession.
India's Ongoing Struggle to Protect Domestic Workers: A Tale of Abuse and Inaction
India's Ongoing Struggle to Protect Domestic Workers: A Tale of Abuse and Inaction
Despite decades of advocacy, India's domestic workers remain vulnerable to exploitation and abuse within a hidden workforce.
In India, domestic workers often face systemic abuse and exploitation due to a lack of legal protections and recognition, especially among marginalized communities. One such case is that of Smitha (name changed for anonymity), a domestic helper in Delhi for 28 years. This Dalit woman recounts a traumatic incident where she was publicly beaten by her employer, accused of theft, and ultimately banned from the housing society where she worked. Despite being eventually compensated a meager 1,000 rupees (approximately $11) for a month’s labor, Smitha felt there was no point in reporting the incident to the police, believing that they would not act on her behalf.
Her experience is indicative of the broader plight faced by India's domestic workers, who are predominantly women and often migrants from less privileged backgrounds. Reports of abuse, mistreatment, and even sexual assault are prevalent, drawing concerns from the Supreme Court of India which recently urged government action to create protective legislation for these workers.
However, despite decades of advocacy and multiple legislative attempts—including proposed bills in 2008 and 2016 aimed at improving working conditions—no concrete laws to protect domestic workers have been enacted. India's government had previously drafted a national policy intended to incorporate domestic workers under existing labor laws in 2019, but this policy remains unimplemented, leaving millions without formal protections.
Professor Neetha N from the Centre for Women’s Development Studies explains that a patronizing paradigm exists within domestic work, which views it not as a professional relationship but more as a master-servant dynamic. This ingrained mindset perpetuates the barriers to legal regulation of domestic work. With approximately 4.75 million officially recognized domestic workers in India, while estimates suggest the actual number may range from 20 to 80 million, the existence of informal working conditions contributes to their invisibility. They often lack written contracts that would signify an employee-employer relationship.
Some Indian states have mandated minimum wages for domestic workers and provided some legal coverage within child labor and anti-sexual harassment laws. However, Sharma points out that many domestic workers are unaware of their rights and opportunities for redress, exacerbated by the disorganization that prevents worker identification.
Caste disparities further complicate the issue, as workers might accept different roles and tasks dependent on their caste backgrounds, highlighting the urgent need for the redefinition of domestic work. Many consider it unskilled labor; however, tasks such as caregiving or cooking require a significant skill set.
India also faces criticism for not ratifying the International Labour Organization’s (ILO) Convention 189, which aims to secure rights for domestic workers, despite voting in favor of it in 2011. Sonia George from the Self Employed Women's Association (Sewa) emphasizes India's "moral obligation" to uphold the standards set by the convention, suggesting that proper legal frameworks could also regulate recruitment practices that exploit workers seeking employment abroad.
The glaring exploitation highlighted by high-profile cases, such as the Hinduja family's scandal of trafficking domestic workers to Switzerland, illustrates the dire need for accountability in this sector.
As long as policymakers—many of whom are also employers of domestic workers—continue to benefit from the status quo, significant legislative reform will remain elusive, reiterating that meaningful change requires a profound shift in societal attitudes towards domestic work and its labor force.
Her experience is indicative of the broader plight faced by India's domestic workers, who are predominantly women and often migrants from less privileged backgrounds. Reports of abuse, mistreatment, and even sexual assault are prevalent, drawing concerns from the Supreme Court of India which recently urged government action to create protective legislation for these workers.
However, despite decades of advocacy and multiple legislative attempts—including proposed bills in 2008 and 2016 aimed at improving working conditions—no concrete laws to protect domestic workers have been enacted. India's government had previously drafted a national policy intended to incorporate domestic workers under existing labor laws in 2019, but this policy remains unimplemented, leaving millions without formal protections.
Professor Neetha N from the Centre for Women’s Development Studies explains that a patronizing paradigm exists within domestic work, which views it not as a professional relationship but more as a master-servant dynamic. This ingrained mindset perpetuates the barriers to legal regulation of domestic work. With approximately 4.75 million officially recognized domestic workers in India, while estimates suggest the actual number may range from 20 to 80 million, the existence of informal working conditions contributes to their invisibility. They often lack written contracts that would signify an employee-employer relationship.
Some Indian states have mandated minimum wages for domestic workers and provided some legal coverage within child labor and anti-sexual harassment laws. However, Sharma points out that many domestic workers are unaware of their rights and opportunities for redress, exacerbated by the disorganization that prevents worker identification.
Caste disparities further complicate the issue, as workers might accept different roles and tasks dependent on their caste backgrounds, highlighting the urgent need for the redefinition of domestic work. Many consider it unskilled labor; however, tasks such as caregiving or cooking require a significant skill set.
India also faces criticism for not ratifying the International Labour Organization’s (ILO) Convention 189, which aims to secure rights for domestic workers, despite voting in favor of it in 2011. Sonia George from the Self Employed Women's Association (Sewa) emphasizes India's "moral obligation" to uphold the standards set by the convention, suggesting that proper legal frameworks could also regulate recruitment practices that exploit workers seeking employment abroad.
The glaring exploitation highlighted by high-profile cases, such as the Hinduja family's scandal of trafficking domestic workers to Switzerland, illustrates the dire need for accountability in this sector.
As long as policymakers—many of whom are also employers of domestic workers—continue to benefit from the status quo, significant legislative reform will remain elusive, reiterating that meaningful change requires a profound shift in societal attitudes towards domestic work and its labor force.
