Opinion India needs a law to protect domestic workers’ rights

Domestic work is a feminised occupation, with migrants from marginalised communities constituting a significant proportion. Wage rates and other non-wage benefits vary, depending on the tasks and the nature of employment. Wages for a given task vary, even within the same locality. Low wages, unfair working conditions, the obligation to perform additional tasks, and increased workloads without extra compensation are key characteristics. Job insecurity and the complete absence of social security measures force workers to accept vulnerable working conditions.

The deep-rooted social understanding that domestic work is a skill that all women should possess underlines the invisibility and undervaluation of workers. Harassment and humiliation by employers are part of their lives. The mistreatment of domestic workers rarely gets reported in the media. Such incidents receive occasional public attention, followed by promises to regulate the occupation. India is yet to ratify the ILO Convention 189 on domestic workers. At times, the judiciary has directed the documentation and registration of placement agencies. Though these judicial interventions were followed by executive agencies at times, they didn’t make much difference.

It is often asked why this segment of the workforce needs separate legislation when the new labour codes are inclusive. The Code on Wages (2019), unlike the Minimum Wages Act, by definition covers the sector. The different systems of employment of workers — part-time/full-time, live in/live out — have contributed to the complexity. The asymmetric relationship between employer and employee, where the workplace is the former’s private space and the latter’s workplace is an issue that makes the sector qualitatively different. Further, the work — cleaning tasks, cooking or care work — are all socially devalued.

The definition of what constitutes domestic work needs to be worked out inclusively. One of the prerequisites for enforcement of any labour regulation is proof of employment. Accounts from many states in the context of the enforcement of the Minimum Wages Act show that producing such a proof is a challenge for workers. Domestic workers unions’ demand to include provisions that mandate employers to register workers stems from these concerns. Resistance by employers needs to be taken into account. Most employers do not view themselves as “employers” or their homes as “workplaces”.

Legislation ensuring minimum core entitlements with redressal mechanisms not only shakes the power hierarchies but also recognises the value of housework and care work. The apex court’s directive is an opportunity for all who are campaigning for a national law to regulate domestic work. Though domestic work shows similar structural characteristics and features across the world, it is important to take note of regional and local specifics while formulating laws. The attempts by Kerala and Delhi could be looked at. The concerns of the domestic workers’ unions must be taken into account while framing any law.

A law to regulate the sector may not result in the immediate improvement of working conditions. Issues of implementation and enforcement will remain a challenge. Whatever the challenges, legislation on domestic work would surely help in redefining the power relations in the long run and will give some voice to the workers and their unions. The realisation of these hopes depends on the report of the committee and the Union government’s follow-up on the recommendations.

The writer is professor at Centre for Women’s Development Studies, New Delhi