HC directs state to consider plea for law to protect domestic workers
Madras high court
on Tuesday directed the state govt to consider and pass orders on a plea seeking the enactment of a special legislation for the protection of domestic workers in Tamil Nadu.
Justice S Srimathy issued the order while disposing of the petition filed by K Seethalakshmi, a domestic worker from Dindigul district. The petitioner stated that it is widely accepted that domestic employment is a form of labour. However, domestic workers are rarely recognised as 'workers' by their employers, and their work is largely unregulated. Their work is not considered legitimate.
She stated that there were a total of 18 lakh domestic workers in Tamil Nadu, as per the Women in Informal Employment: Globalizing and Organizing (WIEGO) policy briefs in 2021.
The state needs to consider legitimising this profession promptly with special attention. There isn't an adequate legal framework available in Tamil Nadu that addresses the protection of domestic workers, work hours, wages, or welfare. Unlike other labourers, domestic workers were excluded from the scope of all existing laws.
The enactment of a new legislation for domestic workers is imperative at this juncture.
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The absence of exclusive legislation will make this group of labourers more vulnerable. Domestic work is a distinctive category, which cannot be brought under other laws and requires meticulous attention.
She stated that the State Human Rights Commission recommended the state govt enact the proposed legislation for the protection and regulation of domestic workers in the state. The Tamil Nadu State Commission for Women also made a similar recommendation to the govt.
Hence, the petitioner stated that the state should enact new legislation to regulate domestic labourers in the state with definitions of minimum wage, working hours, terms of employment, duties of employers, regulation of placement agencies, non-employment of children as domestic workers, protection and penalties for violations, welfare, and other regulations at the earliest to protect domestic workers, eventually ensuring social justice.
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