Legal Vacuum is how the Supreme Court addressed the issue of the unprotected domestic worker in a recent case hearing. While delivering the order in a case against a former Defence Research and Development Organisation (DRDO) scientist allegedly trafficking and confining his domestic help, the court quashed the case. But at the same time, the bench comprising Justices Surya Kant and Ujjal Bhuyan observed that there is no effective legislation to provide comfort to domestic workers, inadvertently a vulnerable section in society.
“The simple reason for this harassment and abuse, which seems to be prevalent across the whole country, is the legal vacuum which exists vis-à-vis the rights and protection of domestic workers”, observed the court. It said that these workers are even not covered under labour statutes, including the Payment of Wages Act, Equal Remuneration Act, Juvenile Justice (Care and Protection of Children) Act, 2015, and Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, etc., reported PTI.
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The court, reportedly, acknowledged the vulnerability of such workers, and the lack of law to protect these people.
It asked the Ministry of Labour and Employment and Ministry of Social Justice and Empowerment, and the Ministry of Law and Justice to jointly form a committee and and prepare a legal framework for the protection and regulation of domestic workers’ rights.
The court wants a report from the committee in six months, as it 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”.
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Typically, domestic workers are those belonging to marginalised communities or those who undertake domestic work due to financial hardship. But there is no law protecting these people, who usually leave their cities to work as domestic help desirous of getting a better life but at times the situations lead them to work at low wages, for extended working hours, and in unsafe environments. These adverse conditions leave them becoming more vulnerable and helpless.
So, following the doctrine of parens patriae, the court considers it as its duty to intervene. Therefore, it has asked the government to establish a committee, giving the government the freedom to structure it as seems fit. The court plans to see the report within six months and thus the committee is expected to present a report within this period.
