The Supreme Court on Wednesday urged the Central government to introduce a comprehensive law to protect the rights of domestic workers. [Ajay Malik v. State of Uttarakhand and anr]..To this end, a Bench of Justices Surya Kant and N Kotiswar Singh ordered the Union Ministry of Labour and Employment and other related Ministries to constitute a committee to examine the feasibility of bringing such a comprehensive framework for the regulation of domestic workers.The Court called on the expert committee formed by the government to submit its recommendations, preferably within six months, after which the government may take a call on enacting a law to protect domestic workers. The Court noted that there was presently no effective legislative or executive action at work to enact a pan-India law that could protect millions of vulnerable domestic workers across the country. It further observed that domestic labourers are presently excluded from existing labour laws as well. .The Bench also acknowledged that domestic workers often belong to marginalised communities such as Scheduled Castes, Scheduled Tribes, Other Backward Classes and Economically Weaker Sections.It added that they are compelled to undertake domestic work due to financial hardship or displacement, even though it proves an important form of livelihood that brings many women one step closer to financial security and independence.However, the non-regulation of such work often leads to malignant results, the Court explained, as domestic workers frequently have to endure low wages, unsafe environments and extended hours without effective recourse..The Court passed the ruling while quashing a criminal case filed against a man on allegations that he refused to let his house help leave work at his residence. The man had been booked on charges under Sections 370 (human trafficking), 343 (wrongful confinement) and 120B (criminal conspiracy) of the Indian Penal Code (IPC). He claimed that he was wrongfully roped in by the police after a dispute arose between the housemaid and persons working at the agency through which he had hired her services. The housemaid had accused people working at the agency of rape as well. .In 2018, the man accused of wrongfully confining the domestic worker at his residence filed a plea to quash the criminal case against him before the Uttarakhand High Court. The accused urged for the matter to be compounded (settled). The complainant-housemaid also supported his application.However, the High Court found that the housemaid's earlier statement to the police indicated that the accused had refused to let her leave work and go home since 2016, until an alternative arrangement could be made for another domestic worker.The High Court had opined that such acts fell within the offence under Section 370, IPC which was not a compoundable offence. It, therefore, dismissed the accused man's plea to quash the case, prompting him to approach the Supreme Court for relief.The Court today granted him relief and quashed the case. The plea before the top court was filed through Advocate Saroj Tripathi..[Read Judgment]
