In a significant development, the Supreme Court has urged the Central government to introduce a comprehensive legal framework to protect the rights of domestic workers in India. The Court passed the order while quashing a criminal case against a man accused of wrongfully confining his housemaid at his residence.
A Bench comprising Justices Surya Kant and N. Kotiswar Singh directed the Union Ministry of Labour and Employment, along with other related Ministries, to form a committee tasked with exploring the feasibility of a nationwide law to regulate domestic work. The Court emphasized that domestic workers, despite playing a crucial role in households, often lack adequate legal protection.
The case before the Court stemmed from allegations against the accused, who had been booked under Sections 370 (human trafficking), 343 (wrongful confinement), and 120B (criminal conspiracy) of the Indian Penal Code (IPC). The man was accused of refusing to allow his housemaid to leave his residence after a dispute had occurred between her and the agency from which she was hired.
The accused, however, argued that he was wrongly implicated, claiming that the conflict arose due to issues with the agency workers and that the housemaid had accused them of serious crimes, including rape. The man had initially approached the Uttarakhand High Court in 2018, seeking to quash the charges, a plea supported by the housemaid. However, the High Court had refused, citing the serious nature of the charges and the fact that the offence under Section 370 IPC was non-compoundable.
The Supreme Court, however, granted the relief sought by the accused, quashing the criminal case. In their ruling, the Court acknowledged the complex and often vulnerable position of domestic workers and reiterated the need for legislative action. The bench remarked that domestic workers “deserve a robust legal framework that protects their rights and dignity” and emphasized that the Union Government should take steps to ensure such protection.
Case: Ajay Malik vs State of Uttarakhand and anr – Available on LAWFYI.IO
