A bench of Justices Surya Kant and Ujjal Bhuyan pointed out it is an "Incontrovertible fact that the demand for domestic workers has been mounting in India, in consonance with rapid urbanisation and development".

 

However, the workers employed in households faced harassment and rampant abuse due to the legal vacuum which exists vis-à-vis their rights and protection, the court said.

 

The court here was dealing with criminal appeals related to trafficking and exploitation of a domestic worker from Jashpur, Chhattisgarh, hailing from financially disadvantaged family of a Scheduled Tribe.

 

"Indeed, domestic workers in India remain largely unprotected and without any comprehensive legal recognition. As a result, they frequently endure low wages, unsafe environments, and extended hours without effective recourse," the bench said.

 

According to reports by the International Labor Organisation (ILO)—which is a United Nations agency devoted to promoting internationally recognised labour and human rights— domestic workers currently constitute a significant portion of the unorganised workforce in India, with millions of individuals, primarily women, engaged in this sector. Their contributions are indispensable to urban households, performing tasks such as cooking, cleaning, caregiving, and other essential services, the court said.

 

"While any avenues for employment being opened to marginalised women merit celebration, we are at pains to note that despite their growing demand, this indispensable workforce has also been the most vulnerable to exploitation and abuse. Domestic workers often belong to marginalised communities, such as Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Economically Weaker Sections," the bench said.

 

The court noted these workers are compelled to undertake domestic work due to financial hardship or displacement, further reinforcing their vulnerability.

 

"That is not to say, however, that we are declaiming this source of gainful employment that is readily available to women across all social substratas. On the contrary, we seek to affirm this important livelihood that is available to so many women, which brings them one step closer to financial security and the accompanying independence," the bench said.

 

The court noted despite the absence of comprehensive protections for domestic workers through a Central Law, several States, including Tamil Nadu, Maharashtra and Kerala have taken initiatives to safeguard their rights and welfare.

 

In a catena of decisions, the bench pointed out, this court has repeatedly stepped in and laid down interim guidelines to protect vulnerable groups who were utterly unprotected due to legal gaps.

 

"That being said, we do not presently deem it appropriate to lay down an interim legal code which would govern the working conditions of domestic workers. We say so, being cognisant of the factum that ordinarily, the judiciary should not stray too far out of bounds, and expressly interfere in the legislative domain. The democratic setup of this country may be likened to a tripartite machine, fueled by the doctrine of separation of powers, without which it’s functioning shall surely come to a grinding halt," the bench said.

 

While issuing direction the Union government, the bench left the decision on the composition of the Expert Committee to the wisdom of the Government of India and its concerned Ministries.

 

"It will be appreciated if the Committee submits a Report within a period of six months, whereupon the Government of India may consider the necessity of introducing a legal framework which may effectively address the cause and concern of domestic workers," the bench said.

 

The court said it would repose its faith in the Legislature, and the elected representatives of the Indian people, to take the imperative steps towards ensuring an equitable and dignified life for domestic workers.

 

The bench noted that there have already been several attempts 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 materialised into tangible laws or policies.

 

In the case at hand, the court allowed a plea by Ajay Malik, a DRDO officer in Dehradun for quashing of the criminal proceedings for wrongful confinement of the worker in the FIR lodged on March 29, 2017 on the worker's complaint.

 

After going through the facts and contentions, the bench said, "We are of the opinion that no prima facie offence under Section 370 of the IPC qua Ajay Malik has been made out as well. Not only is there no evidence of neglect or exploitation of the Complainant by Ajay Malik on record, but her own sworn statements in denying any abuse must also be given due credence."

 

The court noted Malik employed the complainant through the Placement Agency established by Shambhu for domestic work at his residence in Dehradun, which she joined on October 16, 2016. She continued to work there for over five months without any untoward incident.

 

The court found the complainant’s primary grievance lies in the unfair treatment she received from Subhash, Mohan Ram, and Shambhu. At this juncture, it is important to note that the allegations against these three co-accused are significantly more serious and grave, considering that charges have been filed against them under Sections 370, 373 and 376 of the IPC.

 

The placement agency run by Shambhu could be described as a deceptive front, supposedly aimed at the welfare of tribal girls, but in reality, it perpetuates their abuse and exploitation. This dubious operation seems to be the root cause of the complainant’s suffering, with Ajay Malik having been included in the FIR without substantial justification, the court said.

 

The court also dismissed an appeal by the state government against discharge of Ashok Kumar, neighbour of Malik, who was handed over keys of the house to keep a watch on the complainant when he went out of station for official work.

 

 

Case Title (Download Judgment): Ajay Malik Vs State of Uttarakhand