On Wednesday, the Apex Court directed the Centre for a legal framework on the protection of the rights of domestic workers rights observing their exploitation & a "legal vacuum".
In the opinion of a bench of Justices Surya Kant & Ujjal Bhuyan, for now, there seemed no effective legislative or executive action to enact a statute, which could provide solace to millions of vulnerable domestic workers across the country.
The Court said, "the simple reason for this harassment & rampant abuse, which seems to be prevalent throughout the country, is the legal vacuum which exists vis--vis the rights & protection of domestic workers".
Indeed, domestic workers in India remain largely unprotected & without any comprehensive legal recognition. As a result, they frequently endure low wages, unsafe environments, & extended hours without effective recourse, it added.
The court directed the Ministry of Labour & Employment along with the Ministry of Social Justice & Empowerment, the Ministry of Women & Child Development, & the Ministry of Law & Justice, to jointly constitute a committee comprising area experts for a legal framework meant for the benefit, protection & regulation of the rights of domestic workers.
The composition of the expert committee, said the bench, was left to the wisdom of the Centre & its ministries concerned.
"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 & concern of domestic workers," it added.
After the verdict was pronounced, Justice Surya Kant said the court planned to monitor the progress once the panel filed its report.
The top court passed the order while quashing a criminal case against former DRDO scientist Ajay Malik for the alleged wrongful confinement & trafficking of his domestic help.
It also upheld the quashing of a case against his neighbour Ashok Kumar.
In his plea filed through advocate Rajeev Kumar Dubey, Malik challenged the Uttarakhand High Court decision refusing to compound & quash the FIR despite the complainant's domestic help reportedly saying she was not wrongly confined or trafficked by the scientist, a senior citizen.
The bench said it was an incontrovertible fact that the demand for domestic workers was mounting in India, given the rapid urbanisation & development.
"While any avenues for employment being opened to marginalised women merit celebration, we are at pains to note that despite their growing demand, this indispensable workforce has also been the most vulnerable to exploitation & abuse," it said.
In its opinion, domestic workers often belonged to the marginalised communities, such as SC, ST, OBC, & EWS & were compelled to undertake domestic work due to financial hardship or displacement, further reinforcing their vulnerability.
For the bench, it was abundantly evident from the present appeals, the torture & exploitation of the complainant for several years by individuals who forcibly trafficked her to differing cities, promising a better life that never materialised.
The purported placement agency which employed the complainant "continually leeched her salaries", leaving her utterly destitute & helpless, it added.
The bench referred to various international norms & standards on the issue.
Justice Surya Kant, who authored verdict, said the court not only acknowledged the vulnerability of domestic workers but also strove to provide them extensive protection & parity with other labourers.
The verdict pointed to a "degree of lacunae" in legislative frameworks, safeguarding & protecting the rights of domestic workers.
It said aside from the absence of any legislation protecting their interests, domestic workers were excluded from existing labour laws.
"These, inter alia, include statutes such as the Payment of Wages Act 1936, Equal Remuneration Act 1976, Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, Juvenile Justice (Care & Protection of Children) Act, 2015, etc," the court said.
Given the lack of specific protection covering domestic workers in India, the court said it was a solemn duty & responsibility to intervene, exercise the doctrine of parens patriae & forge the path leading to their proper welfare.
"In a catena of decisions, this court has repeatedly stepped in & laid down interim guidelines to protect vulnerable groups who were utterly unprotected due to legal gaps," it added.
That being said, the court found it appropriate to lay down an interim legal code to govern the working conditions of domestic workers. It was cognisant of the fact that ordinarily, the judiciary should "not stray too far out of bounds" & expressly interfere in the legislative domain.
"The democratic setup of this country may be likened to a tripartite machine, fuelled by the doctrine of separation of powers, without which it's functioning shall surely come to a grinding halt," it added.
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