While domestic work should be socially valued and remunerated appropriately, the law may also require respectable working conditions. Taking into account programs such as the National Health Insurance Scheme and the Pradhan Mantri Shram Yogi Maan-Dhan Yojana, a specific legal framework for domestic workers should be created. This will ensure better safety at the workplace, enforce minimum wages, and provide necessary social protection. This law will empower domestic workers by resolving power inequalities, improving working conditions, and ultimately enhancing their economic stability and human dignity.
In India, the majority of domestic workers are women, who form a large part of the unorganized labor force. According to recent estimates, the number of domestic workers varies from official estimates of 4.2 million to unofficial estimates of over 50 million. In January 2025, the Supreme Court drew attention to the widespread exploitation of domestic workers and the lack of legal protections for them and ordered the central government to examine the possibility of passing a separate law to protect their rights. The Supreme Court ordered the central government to enact a separate law for domestic workers. The Minimum Wages Act and the Equal Remuneration Act, among other labor laws, do not apply to domestic workers. A separate law could offer organized regulation. Because there is no official framework, domestic workers often work without any set wages and are subject to arbitrary treatment.
Employers do not consider their homes a “workplace” or themselves an “employer,” making domestic work largely informal and unregulated. Since their work is not officially recorded, workers cannot be granted basic rights such as social security or minimum wages. Women now make up the majority of those employed in domestic work, which is feminized and undervalued in society. This inequality on the basis of gender can be addressed by a special law. Due to social undervaluation, women are often paid less for domestic work than men. Domestic work conditions vary by region. A committed law can take into account regional issues and solutions. Regulations in Kerala and Delhi have attempted to address regional issues such as wage rates and employment registration in different ways. Clear procedures to uphold workers’ rights and provide legal recourse in case of violations could be mandated by a separate law.
Without employment documentation, domestic workers may find it difficult to receive their wages, which can result in exploitation. Exploitation of domestic workers in India through low wages is one of their challenges. The low wages that domestic workers often receive are inadequate for the amount of labor they perform. The absence of minimum wage regulation makes this problem even worse. Domestic workers in Mumbai may struggle to meet their basic living expenses despite long workdays if their pay falls below the minimum wage. Due to the lack of legal protection from harassment or unfair treatment, domestic workers are particularly susceptible to abuse. The worker in Delhi may face physical or verbal abuse, but since there is no formal contract, they have no legal protection.
Since domestic work is performed in private homes, regulations become more complex, and the power differential between employers and employees increases. Since employees are often laid off without warning, there is a lack of job security, which exacerbates financial instability. After years of service, an employee can be suddenly fired without pay, leaving them with no financial support or legal options. Since domestic work is socially undermined as “women’s work” and often associated with marginalized communities, it renders workers voiceless and invisible. Rural migrant women may face social stigma and struggle to be accepted as legal employees. A specific legal framework can help address vulnerabilities. A specific law can set a minimum wage, guaranteeing that workers receive fair compensation commensurate with their working hours and duties.
A national law could establish a uniform minimum wage for workers across all states, guaranteeing that cooking, cleaning, and caregiving tasks are consistently paid for. A well-defined legal framework, with processes for resolving grievances, would enable workers to receive protection from harassment and abuse. The law could make employment contracts mandatory to prevent exploitation and provide workers with a legal basis to resist abuse. A national framework could improve workers’ financial and health security by providing health insurance, pensions, and other social benefits. Workers in Kerala currently receive some benefits, but national legislation could guarantee consistent access to social protection for all domestic workers in India. To ensure that both parties are aware of their rights and responsibilities and to prevent exploitation, a law could require employers to register their workers.
Unions representing domestic workers have pushed for registration as a way to prevent termination and provide legal aid when needed. Domestic work and care can be valued and acknowledged by a specific legal framework, increasing social recognition of domestic workers. Apart from ensuring that domestic work is socially valued and fairly remunerated, the law can also require respectful working conditions. Taking into account programs such as the Rashtriya Swasthya Bima Yojana and the Pradhan Mantri Shram Yogi Maan-Dhan Yojana, a specific legal framework for domestic workers should be created. This will ensure better safety at the workplace, enforce a minimum wage, and provide necessary social protection. Through resolving power inequalities, improving working conditions, and ultimately advancing their economic stability and human dignity, this law will empower domestic workers.
