Supreme Court Declines To Grant Minimum Wage Rights To Domestic Workers, Urges States To Address Grievances

New Delhi: The SC on Thursday declined to entertain a petition seeking a declaration that domestic workers have a fundamental right to be paid minimum wages, expressing concern that such a move could have unintended consequences, including widespread litigation against households and reluctance to employ domestic help.

Bench observations

A Bench of CJI Surya Kant and Justice Joymalya Bagchi held that issues relating to fixation and implementation of minimum wages for domestic workers are best left to the state governments concerned.

The Court disposed of the writ petition, urging States to consider the grievances raised and evolve suitable mechanisms to prevent the exploitation of domestic workers, Live Law and Bar & Bench report.

Petition details

The petition, filed by ten associations of domestic workers from different States under the banner of Penn Thozhilalargal Sangam and others, sought a declaration that domestic workers have a fundamental right to minimum wages protected under Articles 21 and 23 of the Constitution. It also challenged the exclusion of domestic workers from the Minimum Wages Act, 1948, and the Code of Wages, 2019.

In its order, the Court said that no enforceable decree could be passed unless the legislature was asked to enact a suitable law, which it declined to do. “Such a direction, we are afraid, ought not to be issued by this Court,” the Bench said.

The Court allowed the petitioners to pursue their grievances before the respective State governments and suggested that they could also approach High Courts where States had already taken steps or failed to do so. The writ petition was disposed of with a request to all States to look into the grievances highlighted by the petitioner organisations.