Access To Justice : An Illusion For Domestic Workers

Introduction
Large numbers of women are employed as
Domestic workers, who form an integral part
of Unorganized Sector, however they face lack
of recognition as a distinct form of occupation
by the State. They are the backbone of service
sector of Indian economy and they have a
Multiplier impact on the economy as they enable
the women in particular to work by sharing
the family burden, which becomes necessary
taking into account the conservative nature of
Indian Society which places the main burden of
Housekeeping on the Females. Hence, women
dominate this sector due to gender notions which
culturally conditions them as domestic caregivers
fitting well with these occupations.2
Since recognition from the State is a pre
requisite to be governed, regulated and protected
by labour rights, Domestic workers virtually
face no such recognition except from The
Unorganized Workers’ Social Security Act,
2008, (UWSSA), which is a scheme for the
welfare of the unorganized sector workers and
the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act,
2013 which deals sexual harassment at workplace
which includes the private household in the
sphere. Domestic work is not covered under the
Workmen Compensation Act, 1923; the Payment
of Wages Act, 1936; Maternity Benefit Act, 1961;
Payment of Wages Act, 1936; or the Contract
Labour (Regulation and Abolition) Act of 1970.
Domestic labour is also excluded from the
central list of scheduled employments under
the Minimum Wages Act, 1948.