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 Working towards justice and
legislation for all domestic workers
Domestic work is not recognized as labour and
hence they have no rights such as fixed working hours, weekly
offs, medical benefits or paid leave. They are not included in any
labour law or Bill. Act of laws which do not include domestic workers:
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The Workman’s Compensation Act of 1923
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The Weekly Holiday Act of 1942
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The provision of Minimum Wages Act of 1948
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The Maternity Benefit Act of 1961
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The Personal Injury Act of 1963
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Gratuity Act of 1978
Through active lobbying, advocacy and
campaigning the National Domestic Workers’ Movement (NDWM) works
towards helping domestic workers attain their rights and demand
justice for them as workers.
The Movement organizes awareness programs,
advocacy and campaigns, lobbying and consultations for
stakeholders and duty bearers which include advocacy with
government officials and law enforcement agencies at gram
(village), Municipal, state and national levels.
Despite the resistance, the recognition of
Domestic Workers’ Rights is growing in State Governments, as well
as in Central Governments. Many rights have been established and
yet many more are still to be achieved.
Justice & Legislation till date:
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After ten years advocating on behalf of the
implementation of legislation protecting domestic workers, the
National Domestic Workers’ Movement has had an important
breakthrough. Advocates Mr. Colin Gonsalves, Ms. Aparna Bhat,
Mr. P. Ramesh Kumar, and Mr. Vipin M. Benjamin filed the Public
Interest Litigation, National Domestic Workers’ Welfare Trust
and Others (Petitioners) versus Union of India (Respondent).
This lawsuit seeks to compel the respondent to enact
comprehensive litigation protecting the rights of domestic
workers throughout India. On April 10, 2003, the Honorable
Justices Mrs. Ruma Pal and Mr. B.N. Srikrishna of the Supreme
Court of India have agreed to hear our Public Interest
Litigation (PIL).
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The Tamil Nadu Government, State of Tamil
Nadu, India, included Domestic Workers in their Unorganized
Workers Group. The Tamil Nadu Domestic Workers Welfare Board was
constituted on the 22nd January 2007. The notification for the
Minimum Wage Act for Domestic Workers was passed in August 2007.
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The Central government amended the Central
Civil Service Conduct rules to prohibit any government
official/civil servants from employing children below the age of
14 years as domestic workers.
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Indian law prohibits the employment of
children below 14 years age, in certain occupations in
accordance to the Child Labour (Prohibition & Regulation) Act
1986. By 10th October 2006, the ban on child labour included
employment of children in domestic work.
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Karnataka government passed the Minimum Wage
Act for Domestic workers on 1st April 2004
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Notification for Minimum Wage Act for
Domestic Workers were passed in the following State governments:
Kerala (23rd May 2005), Andhra Pradesh (24th April 2007) and
Rajasthan ( 4th July 2007).
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The Unorganised Sector Workers’ Social
Security Bill, 2007 has been passed on 8th January 2008. This
Bill also includes domestic workers in the unorganised sector of
workers.
For more information on the legislations,
click here
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