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India's Supreme Court Rejects Petition for Domestic Worker Minimum Wage and Legal Recognition

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India's Supreme Court Rejects Plea for Domestic Workers' Minimum Wage

On January 29, India's Supreme Court rejected a petition from several workers' unions, including Pen Thozhilalar Sangam (PTS), seeking official recognition for domestic workers and the establishment of a mandatory minimum wage. The unions had also requested the inclusion of domestic workers in India's revised labor laws.

Background to the Petition

In November 2025, the Indian government consolidated 29 older labor laws into four new labor codes, aiming to align India's workforce with global standards for wages, social security, working conditions, and health insurance. However, domestic workers were not explicitly included in these new codes, as stated by Sujata Mody, president of PTS. The petition was a collective effort by domestic workers, union leaders, and lawyers, grounded in the realities of domestic workers' lives.

Supreme Court's Stance

A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi declined to instruct the federal and state governments to set a mandatory minimum wage for domestic workers.

The Court expressed concerns that such a mandate could lead to increased litigation against households by trade unions and potentially reduce the hiring of domestic help.

Status of Domestic Workers

Prabha Kotiswaran, a professor of law and social justice at King's College London who assisted the unions, highlighted that domestic work in India is often perceived as a private, informal arrangement rather than legitimate labor. This sector is predominantly female.

Kotiswaran argues that employers should acknowledge domestic workers' legal rights, emphasizing their essential role in numerous Indian households, and thus their need for protection under labor laws.

Union's Objectives

PTS was established in 2001 to support women who often could not represent themselves in the labor market. The unions advocate for clear estimation of work time, fair wages, paid weekly days off, annual leave comparable to other industries, and a robust redressal mechanism for complaints, including wage and human rights violations such as discrimination and sexual harassment.

Worker Experiences

Meenakshi, a 37-year-old domestic worker, described experiencing a lack of respect and difficulty negotiating wages. She recounted being temporarily fired after requesting an annual bonus of 1,000 rupees ($11) in addition to her 3,000 rupees ($33) monthly salary. She also mentioned working while sick and experiencing sexual harassment in some households.

Vijay, a 58-year-old worker, detailed long workdays without meals and encountered caste discrimination, including being instructed to use a back door and being called to a party only to do dishes.

Next Steps

On February 4, domestic workers and trade unions appealed to the Supreme Court to reconsider their petition. However, it remains uncertain if the court will reassess its decision.

Mody affirmed that the unions intend to continue their campaign for statutory minimum wages and broader legal recognition.