Social Security for Women Domestic Workers in India: A Study under the New Labour Code

  • Shefali Mahendru and Saurabh Savara
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  • Shefali Mahendru

    Research Scholar at Department of Law, Panjab University, Chandigarh, India

  • Saurabh Savara

    Advocate at Punjab and Haryana High Court, Chandigarh, India

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Abstract

Women domestic workers in India represent a crucial yet overlooked segment of the informal workforce, undertaking essential tasks such as cleaning, cooking, and caregiving within private households often under precarious and exploitative conditions. Despite their vital contributions, they have long remained excluded from the scope of formal labour protections. This paper critically examine the existing legal and policy framework governing social security for women domestic workers in India, with a specific focus on the Code on Social Security, 2020, introduced under the New Labour Codes. While the Code signifies a progressive shift by formally recognizing unorganized workers and extending benefits such as maternity assistance, life and disability insurance, and old-age pensions, it inadequately addresses the unique vulnerabilities of women domestic workers. The absence of a clear legal definition, the lack of enforceable employer obligations, and weak implementation mechanisms continue to hinder the realization of these rights. Furthermore, the gendered and informal nature of domestic work perpetuates its invisibility within labour policy and limits worker’s access to social protection. The study underscores the pressing need for a dedicated and enforceable national law that mandates worker registration, employer accountability, and targeted social security measures suited to the realities of domestic work. It calls for a paradigm shift in policy and enforcement that places dignity, visibility, and equity at the core of labour rights for domestic workers.

Keywords

  • Domestic workers
  • accountability
  • informal workforce
  • Code on Social Security 2020
  • unorganised sector
  • gender justice

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 3584 - 3601

DOI: https://doij.org/10.10000/IJLMH.1110272

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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