SC asks govt to set up panel to evaluate law on domestic workers' rights
This story was originally published at 15:12 IST on 29 January 2025
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NEW DELHI – The Supreme Court Wednesday directed the government to form a panel of experts to assess the need for a legal framework aimed at protecting and regulating the rights of domestic workers. The apex court asked the Ministry of Labour and Employment, the Ministry of Social Justice and Empowerment, the Ministry of Women and Child Development, and the Ministry of Law and Justice to jointly establish the panel.
The composition of the expert committee will be determined by the government and the relevant ministries, the court said. "It will be appreciated if the Committee submits a report within a period of six months, whereupon the Government of India may consider the necessity of introducing a legal framework which may effectively address the cause and concern of domestic workers," the top court said.
The apex court said that no meaningful legislative or executive action has been taken to pass a statute that could benefit millions of vulnerable domestic workers across the country. In addition to the lack of legislation to protect their rights, domestic workers are also excluded from current labour laws, the court added.
The Supreme Court's directive to the government comes in the wake of a complaint by a female domestic worker against Ajay Malik and Ashok Kumar in a criminal case. A bench of Justices Surya Kant and Ujjal Bhuyan dismissed the proceedings against Malik and Kumar. Malik was facing charges of criminal conspiracy, wrongful confinement, and trafficking while Kumar was arrested for criminal conspiracy and wrongful confinement.
The complainant, a woman from Chhattisgarh, came from a financially disadvantaged Scheduled Tribe family. In 2009, she was brought to Delhi by her neighbours, Subhash and Mohan Ram, under the false promise of employment. Upon her arrival in Delhi, she was handed over to Sambhu Prasad, who ran an office pretending to be a social welfare society for scheduled tribes. Prasad forcibly employed the complainant as a domestic help, requiring her to perform tasks such as washing dishes and cleaning.
In 2016, Malik hired the complainant through a placement agency. On Mar. 22, 2017, Malik left his home with his entire family for official duty. During their absence, the complainant stayed behind at the residence, but the main entry was locked. A spare key was given to his neighbour and friend, Kumar, who allegedly visited the house regularly to bring the complainant water and keep watch over her. Malik also left a mobile phone with the complainant for staying in regular touch with her. Using that phone, she was able to contact the police on Mar. 29, 2017, to file a complaint of wrongful confinement. End
Reported by Surya Tripathi
Edited by Subhojit Sarkar
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