Entitlements of Domestic Workers in India: Welfare or Right

  • Uday Shankar


Domestic workers, constitute a large population of workforce in India, has been absent from legal landscape of labour laws of the country. The nature of employment, employer-employee relationship and indeterminate work environment are amongst several factors to deny the statutory benefits to domestic workers. The absence of statutory safeguards makes the workers vulnerable and reasons to exploit them from the hand market forces. The labour market refuses to acknowledge the domestic workers as ‘worker’ under employment related laws. The government has enunciated policies with an aim to ameliorate the livelihood conditions of domestic workers. The policies, broadly, treat the domestic workers at par with marginalized and poor sections of the society. Though the policies aim to improve the conditions of the workers, they fall short of conferring claimable interest upon domestic workers. The absence of a legal right on domestic worker absolve the state from committing to quality of life to them. The welfare-oriented policies have created choice-based implementation mechanism whereas the right-based would obligate the state to commit to the legal rights independent of conditionalities such as resources, political will or bargaining capacity of the workers. The chapter unravels the definitional content of ‘domestic workers’ as elucidated in different international and national literature. It elaborates the applicability of existing laws and policies on labour laws in relation to domestic workers. It helps in building the argument that there is a need to make paradigm shift in legal approach from welfare-based to right-based in order to ensure adequate protection to a large constituents of the workforce who are making significant contribution in economic growth of the country.


  1. Chang, G., & Abramovitz, M. (2000). Disposable domestics: Immigrant women workers in the global economy. Cambridge: South End Press.Google Scholar
  2. Chigateri, S., Zaidi, M., & Ghosh, A. (2016). Locating the processes of policy change in the context of anti-rape and domestic worker mobilisations in India. UNRISD.Google Scholar
  3. Cooper, M., & Wood, J. C. (1962). Outlines of industrial law (4th ed.).Google Scholar
  4. D’Souza, A. (2010). Moving towards decent work for domestic workers: An overview of the ILO’s work (Working Paper 2/2010, pp. 18–19). ILO.Google Scholar
  5. Green, D. (2013, July). The role of the state in empowering poor and excluded groups and individuals.Google Scholar
  6. Heitlinger, A. (1979). Marxist theory of domestic labour and reproduction of labour power. In Women and state socialism. London: Palgrave Macmillan.Google Scholar
  7. International Labour Organisation. (2017).Who are domestic workers? Retrieved June 28, 2017, from
  8. International Labour Organisation. (1951). The status and conditions of employment of domestic workers. Meeting of Experts, Report 3, Document MDW/8, Geneva, July 2–6, 1951.Google Scholar
  9. Kirkemann Boesen, J., & Martin, T. (2007). Applying a rights-based approach an inspirational guide for civil society. Danish Institute for Human Rights.Google Scholar
  10. Lutz, H. (2002). At your service madam! The globalization of domestic service. Feminist Review, 70, 89–104.CrossRefGoogle Scholar
  11. Mahanta, U., & Gupta, I. (2015). The road ahead for domestic workers in India: Legal and policy challenges. Law Policy Brief, 1(9). O.P. Jindal Global University. Retrieved June 10, 2017, from
  12. Oelz, M. (2011). Domestic worker (Policy Brief No. 1). ILO. Retrieved July 1, 2017, from
  13. Pawar, M. (2012). The adoption of a right-based approach to welfare in India. Journal of Comparative Social Welfare, 28(1), 35.CrossRefGoogle Scholar
  14. Rajasthan sets minimum wages for domestic help. (2016). The Times of India. Retrieved July 3, 2017, from
  15. Rao, J. (2017). Assessing child domestic labour in India. UNICEF. Retrieved July 4, 2017, from
  16. Report of the Second Indian National Labour Commission 2002 (Vol. II).Google Scholar
  17. Routh, S. (2016). Informal workers’ aggregation and law. Theoretical Inquiries in Law, 17, 283.Google Scholar
  18. SEWA. (2014). Domestic workers’ laws and legal issues in India. WIEGO law and informality resources. Cambridge, MA, USA: WIEGO.Google Scholar
  19. Vasanthi, N. (2011). Addressing paid domestic work: A public policy concern. Economic and Political Weekly, 46(43).Google Scholar

Copyright information

© Springer Nature Singapore Pte Ltd. 2019

Authors and Affiliations

  • Uday Shankar
    • 1
  1. 1.Rajiv Gandhi School of Intellectual Property LawIndian Institute of Technology KharagpurKharagpurIndia

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