New Delhi, January 29: The Supreme Court on Wednesday directed the Central government to introduce a law for the protection of domestic workers and housemaids.
A Bench of Justices Surya Kant and Ujjal Bhuyan instructed the Ministry of Labour and Employment, along with other Union ministries, to constitute a committee of experts who would make recommendations to establish a legal framework for the protection and regulation of domestic workers' rights.
"As regard to the larger issue of the protection of rights of domestic workers, we direct the Ministry of Labour and Employment in tandem with the Ministry of Social Justice and Empowerment, the Ministry of Women and Child Development, and the Ministry of Law and Justice, to jointly constitute a Committee comprising subject experts to consider the desirability of recommending a legal framework for the benefit, protection and regulation of the rights of domestic workers", the Court said, in its order.
The Court also urged the Central government to submit a report on the proposed legal framework, addressing the concerns of domestic workers, within six months.
The Court issued these directions while quashing the criminal proceedings against Ajay Malik, who had been charged in a 2017 case involving human trafficking, wrongful confinement, and other offences filed by a housemaid. The Court found no merit in the allegations against Malik, as even the housemaid (complainant) had stated unequivocally that she was neither trafficked nor wrongfully confined by him.
The Court also granted relief to another man (co-accused) Ashok Kumar, who had been booked in the case because he held a key to Malik's house, where the alleged offences had taken place. The Court found no direct allegation against Kumar in the case and proceeded to relieve him.
While dealing with the case against the two accused persons, the Court recognized the broader issue of the protection of domestic workers in the country. It noted that domestic workers in India have largely remained unprotected and without comprehensive legal recognition.
"As a result, they frequently endure low wages, unsafe environments, and extended hours without effective recourse", it noted.
The Court also acknowledged that, according to contemporary international standards, extensive protection has been provided to domestic workers globally. Furthermore, the Court noted that there have been several attempts in India to bring domestic workers under legal protection.
"However, for a plethora of reasons that are beyond the scope of the present discussion, these Bills have never materialized into tangible laws or policies", the Court added.
Therefore, the Court called for specific legislation in this regard and disposed of the plea. Advocates Rajeev Dubey and Saroj Tripathi represented the petitioner Ajay Malik, while Advocates Chandrika Prasad Mishra and Prashasti appeared for the complainant.
Malik had moved the top court after the Uttarakhand High Court had refused to quash the criminal proceedings against him, despite the complainant's submissions that she had no objections to Malik's plea and that the parties had amicably settled the dispute.
Earlier, the High Court had turned down Malik's plea, holding that the charge sheet and testimonies of witnesses in the case had prima facie made allegations of wrongful confinement against him. However, the High Court discharged Ashok Kumar after finding that there was no direct allegation against him.
This prompted the State of Uttarakhand to challenge the High Court's decision in respect of Kumar before the Supreme Court. The Supreme Court, however, upheld the High Court's decision and relieved Kumar.
