Supreme Court
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ANUSHREE FADNAVIS
The Supreme Court on Thursday urged State governments to evolve “suitable mechanisms” and take a “final call” on bringing domestic workers under the legal protection and benefits of the Minimum Wages Act and the Code of Wages of 2019.
A Bench headed by Chief Justice of India Surya Kant allowed domestic workers’ unions, led by Penn Thozhilalargal Sangam, to submit comprehensive representations highlighting the grievances of one of the “most exploited” and weakest section of workers across the country.
Senior advocate Raju Ramachandran and advocate Shreya Munoth, for the petitioner unions, submitted that the exclusion of domestic workers from the Schedule to the Minimum Wages Act and/or the Code of Wages violated the fundamental right against forced labour and the right to life.
Ramachandran urged the court to direct State governments to fulfil their constitutional obligations by initiating a process of determining the “minimum wage for domestic work, and to meaningfully engage with and consult domestic workers and their representatives, including the petitioner-unions, as a part of the process”.
The hearing, however, saw the Chief Justice pass caustic oral remarks against the history and role of trade unions in the country.
“How many industries in this country have been successfully closed thanks to these trade unions… Know the realities also. All traditional industries in this country have been affected by trade unions. As children we used to see these industries being closed because of these jhanda unions… They (trade union leaders) do not want to work. They are largely responsible for stopping the industrial growth in this country,” Chief Justice Kant remarked.
The CJI acquitted that there was “undoubtedly, exploitation”. But the top judge that exploitation at workplaces ought to have been stopped through other measures like making workers more aware of their individual rights or making them skilled, etc.
“With utmost respect, let us not generalise and talk of larger issues. Collective bargaining is a valuable right. Today, we are talking about the weakest section, the domestic worker. There are eight crore of them, and most of them are women. They are the most exploited of workers. Their deliberate exclusion results in violation of the most primary of fundamental rights,” Mr. Ramachandran submitted.
The Chief Justice pointed out that bringing domestic workers under a minimum wage bracket may also prove counter-productive for them too. Households may stop hiring them and turn to service providing agencies. The “human bond” between households who treat workers like their own would die.
On the other hand service providers would exploit domestic workers. The Supreme Court recently contracted an agency and the rate agreed upon was Rs. 40,000 for a worker. The women who worked were only given Rs. 19000,” Chief Justice Kant said, disposing of the petitions.
Published on January 29, 2026
