SC asks Centre to constitute expert panel to examine feasibility of law to regulate domestic workers

Stressing the need to have a law to protect the rights of domestic workers, the Supreme Court on Wednesday asked the Centre to set up an expert committee to examine the feasibility of introducing such a comprehensive legal framework for the regulation of domestic workers in India.

“We direct the Ministry of Labour and Employment in tandem with the Ministry of Social Justice and Empowerment, the Ministry of Women and Child Development, and the Ministry of Law and Justice, to jointly constitute a Committee comprising subject experts to consider the desirability of recommending a legal framework for the benefit, protection and regulation of the rights of domestic workers,” a Bench of Justice Surya Kant and Justice N Kotiswar Singh said.

Leaving the composition of the expert committee to the wisdom of the Government of India and its Ministries concerned, it asked the committee to submit a report to it in six months.

The Bench said after the submission of the expert panel’s report, “the government may consider the necessity of introducing a legal framework which may effectively address the cause and concern of domestic workers.”

The Bench quashed criminal charges of human trafficking and wrongful confinement against an Uttarakhand man who had allegedly refused to let his house help hailing from Chhattisgarh leave work at his residence. The accused had contended that he was wrongfully implicated by the police following a dispute between the maid and those working at the placement agency through which the accused had hired her services.

Highlighting the lack of specific protections covering domestic workers in India, the Bench said, “It becomes this court’s solemn duty and responsibility to intervene, exercise the doctrine of parens patriae and forge the path leading to their proper welfare.”

However, the top court refrained from laying down an interim legal code to govern the working conditions of domestic workers, saying “Ordinarily, the judiciary should not stray too far out of bounds, and expressly interfere in the legislative domain.”

The Bench said, “It is in this vein, that we once again repose our faith in the legislature, and the elected representatives of the Indian people, to take the imperative steps towards ensuring an equitable and dignified life for domestic workers.”