International Journal of Social Science & Economic Research
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Title:
DOMESTIC WORKERS IN INDIA: CHALLENGE OF INCLUSIVITY AND PROSPECT OF FRATERNITY

Authors:
Sonika Ahlawat

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Sonika Ahlawat
Doctoral Scholar, Guru Gobind Singh Indraprastha University, New- Delhi

MLA 8
Ahlawat, Sonika. "DOMESTIC WORKERS IN INDIA: CHALLENGE OF INCLUSIVITY AND PROSPECT OF FRATERNITY." Int. j. of Social Science and Economic Research, vol. 4, no. 6, June 2019, pp. 4271-4285, ijsser.org/more2019.php?id=325. Accessed June 2019.
APA
Ahlawat, S. (2019, June). DOMESTIC WORKERS IN INDIA: CHALLENGE OF INCLUSIVITY AND PROSPECT OF FRATERNITY. Int. j. of Social Science and Economic Research, 4(6), 4271-4285. Retrieved from ijsser.org/more2019.php?id=325
Chicago
Ahlawat, Sonika. "DOMESTIC WORKERS IN INDIA: CHALLENGE OF INCLUSIVITY AND PROSPECT OF FRATERNITY." Int. j. of Social Science and Economic Research4, no. 6 (June 2019), 4271-4285. Accessed June, 2019. ijsser.org/more2019.php?id=325.

References

[1]. Neeta N. and RajiniPalriwala, "The Absence of State Law: Domestic Workers In India", CJWL/RFD, vol. 23, 2011.
[2]. Juanita Elias (2010) Making migrant domestic work visible: The rights basedapproach to migration and the 'challenges of social reproduction' , Review of International PoliticalEconomy, 17:5, 840.www.ilo.org
[3]. Black's Law Dictionary, https://thelawdictionary.org/domestic/
[4]. Convention No. 189, International Labour Organization, http://www.ilo.org/global/standards/information-resources-and-publications/news/WCMS_220793/lang--en/index.htm
[5]. International Labour Office, Formalizing Domestic Work, Geneva-ILO, 2016
[6]. GudipatiRajendera Kumar, "Challenges associated with domestic workers", www.thehansindia.com
[7]. ndwm.org
[8]. http://www.weigo.org/informal_economy_law/-domestic-workers-india
[9]. International Labour Conference, 100th session, Report 4(1) on Decent work for Domestic Workers", 2010.
[10]. Convention N0.189, International Labour Organization
[11]. https://www.thequint.com/news/india/mahagun-noida-law-domestic-workers-welfare
[12]. Constitution of India, Article 29, Clause (e)
[13]. Constitution of India, Article 29, Clause (f)
[14]. Constitution of India, Article 39
[15]. Constitution of India, Article 41
[16]. The Unorganized Workers Social Security Act, 2008
[17]. Sexual Harassment of Women at Workplace (Prevention and Prohibition and Redressal) Act, 2013,Section 2(e)
[18]. Vishaka and others V. State of Rajasthan and others. (AIR 1997 SC 3011)
[19]. Kamala Sankaran, Shalini Sinha and RoopaMadhav, "Domestic Workers- Background document" WIEGO Law Pilot Project on the Informal Economy
[20]. https://www.thequint.com/news/india/mahagun-noida-law-domestic-workers-welfare
[21]. Aakash Joshi, "An Immoral Subsidy", The India Express, August 7, 2017 https://indianexpress.com/article/opinion/columns/an-immoral-subsidy-4785507/
[22]. Labour Code on Social Security, 2018
[23]. Neetha N., "Contours of Domestic Service: Characteristics, Work relations & regulations", Indian Journal of Labour Economics, Vol. 52, No. 3, 2009
[24]. Supra 6
[25]. Dithhi Bhattacharya, MeghnaSukumar, Mohan Mani, "Living on the margins:A study of domestic workers in Chennai, India"
[26]. Nicola Cunningham Armcost, "Domestic Workers in India: A case for Legislative Action, JILI, Vol.36, pp.53-63 (1994)
[27]. Ibid
[28]. Banglore Water Supply & Sewage Board v. A. Rajjappa (AIR 1978 SC 548)
[29]. Neetha N. and RajiniPalriwala, "The Absence of State Law: Domestic Workers in India", CJWL/RFD, Vol. 23, 2011
[30]. Sagarika Ghosh, "Servants of Destiny", www.ibnlive.com
[31]. PankhuriTandon, " Domestic Worker: How to give them their Due", CCS Working Paper No.278, Centre for Civil Society, 2012
[32]. Siobhan Mullally & Cliodhna Murphy, "Double Jeopardy: Domestic Workers in Diplomatic Households and Jurisdictional Immunities", The American Journal Of Comparative Law, 2016, Vol. 64, pp- 670-720, 2016
[33]. Virginia Mantouvalou, "Servitude and Forced Labour in the 21st Century: The Human Rights of Domestic Workers", 35 Indus. L.J. 395 (2006);
[34]. Fiona Williams, Review Article, Migration and Care: Themes, Concepts and Challenges, 9 Soc. Pol'y & Soc'y 385 (2010).
[35]. Supra 8
[36]. B.R. Ambedkar, "Writings And Speeches: A Ready Reference Manual", https://www.goodreads.com/book/show/3087557-writings-and-speeches
[37]. B.R. Ambedkar, "Writings And Speeches: A Ready Reference Manual", https://www.goodreads.com/book/show/3087557-writings-and-speeches
[38]. https://www.goodreads.com/author/quotes/618535.B_R_Ambedkar
[39]. B.R. Ambedkar, "Writings And Speeches: A Ready Reference Manual", https://www.goodreads.com/book/show/3087557-writings-and-speeches
[40]. Ibid
[41]. https://www.brainyquote.com/quotes/b_r_ambedkar_388773

Abstract:
The Constitution of India begins with 'We' and bequeaths justice, liberty, equality and fraternity to all the citizens of India without any discrimination. However a new sector, domestic workers, has emerged and is characterized by long and unregulated working hours, employment subject to employer's mercy, and high level of insecurity. This condition impinges on the concept of 'fraternity', that is assuring dignity and rights to the individuals. Around half a million unorganized individuals working as 'domestic help' contribute immensely to the Indian economy and society by liberating the qualified and skilled (mainly housewives) to enter into workforce and contribute to national development. However, while playing a vital role in the household chores, domestic workers remain vulnerable as they are still unorganized and are constituted mainly by migrants and internally displaced people, living mostly in slums in shabby conditions, and remain subject to exploitation in the absence of specific legislative framework to regulate their working conditions.
Recently, some measures have been initiated to bring this sector in the legislative ambit, including the Unorganized Social Security Act which defines "wage worker", including the domestic workers. A reality check indicates there is not a single provision in this Act to assure social security to the domestic workers; instead, it excludes them from the provisions of labour laws, such as The Minimum Wages Act, The Payment of Wages Act, The Maternity Benefit Act etc. Currently a Code on Social Security has been passed, which deals with the domestic workers and provides various provisions for their welfare and social protection; however, the devil lies in its implementation.
This paper attempts to delineate the legislative provisions, underline the challenges faced by the domestic workers, and outline the policy postures required to adopt an inclusive approach to afford social justice and facilitate their economic and social inclusion as per the spirit of the Constitution.