In a significant setback for labor rights advocates, India's Supreme Court recently declined a petition from domestic workers' unions seeking mandated minimum wages and improved labor protections. This decision has intensified the ongoing struggle for recognition and fair treatment for this predominantly female workforce, highlighting deep-seated issues of exploitation, lack of respect, and legal exclusion within Indian society. The ruling has prompted widespread disappointment and further protests, as workers and their advocates vow to continue their fight for equitable working conditions and legal acknowledgment.
The issue came to a head on January 29, when the Supreme Court of India rejected a Public Interest Litigation (PIL) filed by Pen Thozhilalar Sangam (PTS) and nine other unions. The petition aimed to have domestic workers recognized as a legitimate workforce and to ensure their inclusion in India's revised labor laws. These new codes, enacted in November 2025, consolidated 29 older labor laws to align India's workforce standards with global norms, promising better wages, social security, and safer working conditions. However, domestic workers were conspicuously absent from these new provisions.
Sujata Mody, president of PTS, expressed her disappointment, noting that the new codes effectively nullified decades of labor struggles. The unions' plea specifically called for a national minimum wage for domestic workers, a group largely composed of women, and their formal integration into the legal framework. Currently, minimum wages vary significantly across Indian states, leaving domestic workers vulnerable to arbitrary pay scales and exploitation. The Supreme Court, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, cited concerns that mandating minimum wages could lead to increased litigation against households and potentially discourage employers from hiring domestic help, thereby refusing to issue the requested directives.
The plight of domestic workers is further complicated by societal perceptions. Prabha Kotiswaran, a professor of law and social justice at King's College London who assisted in filing the petition, emphasized that domestic work in India is often not viewed as formal labor but rather as an informal, private arrangement. This perception undermines the significant contributions of domestic workers to countless Indian households and justifies their exclusion from labor protections. Kotiswaran stressed the importance of recognizing their legal rights and ensuring their protection under labor laws, regardless of their informal status.
The court's decision has been met with emotional responses from workers like Meenakshi and Vijaya, whose personal stories underscore the systemic challenges they face. Meenakshi recounted instances of disrespect and unfair dismissal, highlighting the emotional toll of their work and the precariousness of their employment. Vijaya, a 58-year-old domestic worker, expressed her heartbreak over the ruling, questioning whether their well-being truly matters to the legal system. She also brought attention to caste discrimination, a pervasive issue that further marginalizes domestic workers and denies them basic human dignity and respect. Both women's experiences illustrate the urgent need for a legal framework that addresses not only fair wages but also fundamental human rights and protection from harassment.
Despite the current judicial setback, the unions remain resolute. On February 4, domestic workers and trade unions appealed to the Supreme Court for reconsideration, though the outcome remains uncertain. Mody affirmed that the campaign for statutory minimum wages and broader legal recognition will persist. The fight aims to establish clear guidelines for working hours, ensure fair compensation, provide paid weekly days off and annual leave, and implement effective redressal mechanisms for grievances, including wage violations and human rights abuses. This ongoing advocacy seeks to transform domestic work into a respected profession with guaranteed rights and protections, thereby challenging deeply ingrained social inequalities and advocating for justice for an essential yet undervalued segment of the workforce.