India's domestic workers, a workforce of 4.75 million according to official estimates, remain largely unprotected and invisible, facing exploitation and abuse in a system that fails to recognize them as formal employees. The International Labour Organization (ILO) suggests that the true number of domestic workers in India could be as high as 80 million. Despite their significant contributions, these workers often lack basic labor rights and protections.
Domestic workers in India are typically perceived as "help" rather than employees, leading to their exclusion from labor laws that protect other workers. This perception perpetuates a systemic issue where domestic workers rely on the goodwill of their employers for essentials such as fair wages, leave, and respect. Professor Neetha N emphasizes this disparity by stating,
"We have a patronising relationship with the help and not a labour employment relationship."
The ILO's Convention 189, an international agreement designed to ensure domestic workers receive the same rights and protections as other workers, remains unratified by India. Despite voting in favor of the convention in 2011, India has yet to conform to all its provisions. The lack of ratification highlights a significant gap in the country's commitment to safeguarding its domestic workforce.
The Indian Supreme Court has expressed concerns over the exploitation faced by domestic workers and urged the federal government to enact legislation for their protection. However, efforts to pass bills aimed at registering domestic workers and improving their working conditions have stalled since proposals in 2008 and 2016. At least 14 Indian states have taken steps to mandate minimum wages for domestic workers, but comprehensive national legislation remains absent.
Domestic workers often grapple with a lack of awareness about their rights and how to access them. This ignorance leaves them vulnerable to physical and sexual abuse, with many cases going unreported. Sonia George, an advocate for worker rights, stresses the need for systemic change, noting,
"At the end of the day, the people at the table who have the power to sign off on a bill or a law are also employers of domestic workers and the ones who benefit from the status quo."
The invisibility of domestic workers within India's legal and social systems exacerbates their vulnerability. These workers are not only excluded from labor protections but often escape accountability and responsibility due to their "invisibility." Sonia George further comments on this issue by saying,
"They are completely invisible in the system and hence escape accountability and responsibility."
Efforts to bring domestic workers under existing labor laws appear stagnant. A national policy drafted in 2019 aimed at this inclusion has not been implemented. Some federal laws, such as those addressing anti-sexual harassment and child labor, do include domestic workers within their scope. Nonetheless, these measures fall short of providing comprehensive protections.
The case of the affluent Hinduja family, found guilty in a Swiss court of exploiting their domestic workers, underscores the severity of these issues. Accusations of trafficking vulnerable Indians for domestic work highlight the urgent need for reform.
Domestic work should not be dismissed as unskilled labor. Sonia George argues against this misconception,
"Domestic work is considered to be unskilled work but that is not the case in reality. You cannot care for a sick person or cook a meal without being skilled."