Ajay Malik v. State of Uttarakhand and Anr

On January 29, 2025, the Supreme Court of India delivered a landmark judgment in the case of Ajay Malik v. State of Uttarakhand and Anr. (2025 INSC 118), highlighting the pressing need for a comprehensive legal framework to protect the rights of domestic workers. The Court directed the Central Government to consider formulating such a framework, acknowledging the widespread exploitation and lack of legal safeguards for this vulnerable segment of the workforce.

Case Background
The case originated from an FIR filed against Ajay Malik, a former DRDO scientist, alleging wrongful confinement and trafficking of a female domestic worker. The complainant, hailing from a Scheduled Tribe in Chhattisgarh, was brought to Delhi under the pretext of employment but was subsequently exploited by a placement agency. She was later employed by Malik in Dehradun. Upon investigation, it was found that the complainant had no grievances against Malik, leading the Supreme Court to quash the charges against him. citeturn0search0

Supreme Court's Observations
While addressing the specifics of the case, the Supreme Court delved into the broader issue of domestic workers' rights in India. The Court noted that despite the increasing demand for domestic workers due to rapid urbanization, this workforce remains largely unprotected. They often endure low wages, unsafe working conditions, and extended hours without effective recourse. The Court emphasized the "legal vacuum" concerning the rights and protection of domestic workers, attributing the rampant abuse to this absence of comprehensive legislation. citeturn0search0

Existing Legal Framework and Its Limitations
The Court highlighted that domestic workers are excluded from several key labor laws, including:

• Payment of Wages Act, 1936
• Equal Remuneration Act, 1976
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
• Juvenile Justice (Care and Protection of Children) Act, 2015

This exclusion leaves domestic workers without formal mechanisms to address grievances related to wage disputes, harassment, or exploitation. Although there have been attempts to introduce legislation for domestic workers' welfare, such as the Domestic Workers (Regulation of Work and Social Security) Bill, 2017, these initiatives have not materialized into law. citeturn0search0

International Perspectives
The Supreme Court referred to international standards, particularly those set by the International Labour Organization (ILO), which has provided guidelines and conventions aimed at protecting domestic workers. The ILO recognizes domestic workers as a uniquely disadvantaged and marginalized class, necessitating specific protections to ensure their rights and welfare. citeturn0search0

Court's Directive
In its judgment, the Supreme Court directed the Ministry of Labour and Employment, in collaboration with the Ministries of Social Justice and Empowerment, Women and Child Development, and Law and Justice, to jointly constitute a committee comprising subject experts. This committee is tasked with considering the desirability of recommending a legal framework for the benefit, protection, and regulation of the rights of domestic workers. The Court expressed hope that the committee would submit its report within six months, after which the Government of India may consider introducing appropriate legislation. citeturn0search0

Conclusion
The Supreme Court's judgment in Ajay Malik v. State of Uttarakhand and Anr. marks a significant step towards recognizing and addressing the challenges faced by domestic workers in India. By urging the Central Government to establish a legal framework, the Court has highlighted the need to protect this indispensable yet vulnerable workforce, ensuring they receive fair treatment, adequate compensation, and a safe working environment.