A Study On Socio Economic Status Of Domestic Women Workers In Tamil Nadu Under Doctrinal Approach

Author: LawSphereX

Category: Labour & Employment

Published: 2026-08-23T17:28:12.482541+00:00

Updated: 2026-08-26T17:12:32.302+00:00

A STUDY ON SOCIO ECONOMIC STATUS OF DOMESTIC

WOMEN WORKERS IN TAMIL NADU UNDER DOCTRINAL

APPROACH

Dr D Kannan, Assistant Professor of Law (SG), School of Excellence in Law, The Tamil Nadu Dr Ambedkar Law University, Chennai

ABSTRACT

Domestic work in Indian society has been historically stigmatized, perceived as menial and impure work in the society, and predominantly performed by women and children. This perception is deeply entrenched because of the influence of the socio economic status of the community, which dictates social hierarchy and assigns individuals their roles in society. In this context, domestic work is often allocated along lower strata socio economic lines, where individuals from the lower castes are typically assigned such work. Moreover, such labour has been strongly associated with gender, leading to a significant overrepresentation of women. This trend is primarily due to societal norms that assign women caregiving responsibilities within households. This perception of the domestic work as unskilled contributes to its undervaluation and underpayment.

Women often opt for domestic employment due to limited career opportunities, especially those from marginalized backgrounds facing discrimination based on gender, caste, or creed. After intervention of the Supreme Court of India the domestic workers were included within the purview of The Unorganized Workers’ Social Security Act, 2008. National Domestic Workers’ Movement (NDWM) in Chennai has concentrated on empowering groups of domestic workers, providing them with a platform to voice their grievances and addressing issues of indignity, abuse, and exploitation they faced at the hands of their employers. This paper is analysing the socio economic status of domestic women workers in Tamil Nadu under Doctrinal approach. Keywords: Domestic Workers, Socio Economic condition, Unorganised Workers, UWSS Act

Introduction Domestic work is noted as one of the oldest occupations, traditionally undertaken by women across cultures. Its historical roots often trace back to various forms of household labour and caregiving throughout history1. Many women, especially those lacking access to education, economic resources, and alternative job opportunities, turn to domestic work out of necessity. This can be due to structural inequalities and societal norms that restrict women's access to formal employment sectors2. Despite its informal nature and lack of clear definitions, domestic service is recognized as a significant category of livelihood globally. Domestic work is defined by its informal nature, meaning that it lacks the structure and protections typically associated with formal employment.

This informal status exists despite the fact that domestic workers perform essential tasks within households. Due to their informal status, domestic workers are deprived of various entitlements and rights that are typically granted to regular workers. These include benefits such as minimum wage, overtime pay, social security, and access to legal recourse in cases of abuse or exploitation. Domestic work encompasses a broad array of tasks essential for the upkeep of a household, ranging from housekeeping and childcare to cooking, cleaning, laundry, shopping, and other related chores. These responsibilities can vary significantly based on cultural practices, economic factors, and individual preferences. Domestic work in Indian society has been historically stigmatized, perceived as menial and impure, and predominantly performed by women and children.

This perception is deeply entrenched because of the influence of the caste system, which dictates social hierarchy and assigns individuals their roles in society. In this context, domestic work is often allocated along caste lines, where individuals from the lower castes are typically assigned cleaning tasks, while those from the higher castes tend to take on cooking responsibilities. 3. Domestic workers, also known as domestic servants or household workers, have a strong antecedent in slavery. These individuals were considered property and had limited rights4. 1 Anjali Widge, “Women in the Informal Sector, Multi disadvantages of Domestic Workers”, Indian Social Institute, New Delhi, 1995, p. 33 2 Tripti Lahiri, "Maid in India: Stories of Inequality and Opportunity Inside Our Homes" , Aleph Book Company, 2017. 3 P.

Reghuram, "Caste and Gender in the Organization of Paid Domestic Work in India", Work, Employment & Society ed. ,15, issue no. 3 (2001) p345-362. 4 William D. Phillips Jr. , K. R. Bradley. " Slaves and Masters in the Roman Empire: A Study in Social Control", Collection Latomus, number 185, Brussels: Latomus. 1984. Pp. 164. 750 F,” 91 The American Historical Review 88–9 (1986).

Domestic work performed varied depending on the culture and time period. The Industrial Revolution played a significant role in influencing the landscape of domestic work, as urbanization led to more women entering the workforce and hiring domestic workers to manage traditional household tasks. The influx of women into the workforce also contributed to the hiring of domestic workers to handle household responsibilities as societal roles evolved5. Despite the changing dynamics brought about by the Industrial Revolution, societal perceptions of domestic work remained laden with stereotypes and undervaluation. Historical Background of nature of Domestic Work in India The historical undervaluation of domestic work is deeply rooted in societal norms and expectations, often leading to disparities in treatment and compensation6.

Domestic work in the Vedic period was primarily carried out by individuals from the lower varnas, particularly by Shudras. The Shudras were considered the lowest varna and often performed tasks related to manual labour, service, and maintenance. Their responsibilities included various domestic duties such as cooking, cleaning, fetching water, tending to livestock, and other household chores. Women, particularly from the Shudra varna, played a important role in domestic work within households. They were responsible for managing the household, taking care of children preparing meals, and performing other essential domestic tasks. Women from higher varnas also participated in domestic activities, albeit with different social expectations and privileges compared to those from the lower varnas.

The Vedic texts, such as the Rigveda and later Vedic literature, reflect this societal organization, outlining the roles and duties of various varnas within the broader social framework of ancient India. 7 Widows were excluded from social events like marriages and naming ceremonies, but were expected to perform domestic labour when invited. 8 During medieval India, it was customary among Zamindari families to include domestic servants as part of dowry when marrying off their daughters. These servants would then fulfil all domestic responsibilities and offer crucial psychological support to the newlywed brides during the initial phases of marriage. Thus, domestic service has persisted across both urban 5 Anna Clark, "The Struggle for the Breeches: Gender and the Making of the British Working Class": 23, Reprint edition (University of California Press, Berkeley, 1997).

6 Arlie Hochschild and Anne Machung, "Second Shift: Working Families and the Revolution at Home", Revised edition, Penguin Books, New York, N. Y, 2012

7 Patrick Olivelle, "The Dharmasutras: The Law Codes of Ancient India ", OUP Oxford, 1999.

8 B. D. Chattopadhyaya and Kumkum Roy, "Women in Early Indian Societies" , Manohar Publishers and

Distributors, New Delhi, 2011

and rural settings throughout history. The evolution of domestic work in India postindependence has been shaped by various socio-economic factors. Rapid urbanization, driven by industrialization and rural-to-urban migration, has increased the demand for domestic workers in urban areas. Women's growing participation in the formal workforce has further fuelled this demand. Despite efforts to regulate the sector, such as the Minimum Wages Act, challenges persist in ensuring fair wages and decent working conditions for domestic workers. Societal attitudes towards domestic work are evolving, with increased recognition of its importance, yet stigma and exploitation remain prevalent. Advocacy efforts by civil society organizations and domestic worker associations have led to greater awareness and policy attention to addressing the rights and welfare of the domestic workers.

In urban areas, most women who outside the home have limited time to attend to their domestic chores. Consequently, they rely on paid help to manage their household tasks, leading to the emergence of a wage-earning group known as “domestic servants”. 9 National Domestic Workers’ Movement (NDWM) traces its roots back to the early 1980s in Chennai, with Dr. (Sr. ) Jeanne as its founder. Initially, the movement concentrated on empowering groups of domestic workers, providing them with a platform to voice their grievances and addressing issues of indignity, abuse, and exploitation they faced at the hands of their employers. In 1985, Sr. Jeanne expanded the movement's reach by establishing multiple groups in Mumbai and Chennai specifically geared towards organizing domestic workers, including child domestic workers.

This expansion which led to the formal establishment of the NDWM, which has since extended its influence across 16 states within India10. Since its inception, the NDWM has made significant strides in advocating for domestic worker’s rights. Their efforts have resulted in numerous achievements aimed at improving the working conditions and overall welfare of domestic workers. The movement remains steadfast in its commitment to continue this work until every domestic worker can live a life of dignity and justice, enjoying full rights as a worker. The Indian Constitution makes it very clear that the Central and State Governments must enact laws to support people in maintaining their own or their family's standard of living, or to provide income when any one or more of these sources are disrupted or eliminated, as in cases 9J.

Smith, "Urbanization and Employment Trends in the 20th Century," Economic Studies Journal vol. 10, issue no. 2 (2005) p 45-60. 10 “NDWM – The National Domestic Workers’ Movement,”available at: https://ndwm. org/ (last visited April 1, 2024).

involving illness, maternity, disability, unemployment, retirement, or when significant expenses must be incurred (such as those related to education, healthcare, marriage, or funeral costs). The Union Government has amended the Unorganized Workers’ Social Security Act. Thus, the domestic workers were included by The Unorganized Workers’ Social Security Act, 2008, by intervention of the Supreme Court of India to incorporate domestic workers, under clause 2(n) of the Act. The Act mandated the creation of Welfare Boards, which would offer registered domestic workers social welfare advantages like family health insurance, support for their children's education and marriage, and pensions upon retirement. At the moment, 11 states and Union Territories have established State Social Security Boards specifically for unorganized labour.

West Bengal, Assam, Orissa, Gujarat, Tripura, Rajasthan, Andhra Pradesh, Andaman & Nicobar, and Karnataka are among them. Maharashtra, Kerala, Tamil Nadu, and Jharkhand have each established their own Domestic Welfare Boards11. The nature of domestic works in India. It explores how women working within sector are impacted by larger economic forces like globalization, their position within society, highlighting the challenges they face as both underclass workers and women. it meticulously analyse socioeconomic conditions that domestic workers face, their often-complex relationships with employers, and the difficulties they face on a daily basis.

Classification of Domestic Workers In the modern civil society domestic women workers would be classified majorly as i) Parttime; ii) Full-time Domestic worker as such Part-time domestic workers typically have limited working hours per day or week and often work for multiple employers concurrently. This arrangement contrasts with full-time domestic workers who may work exclusively for one employer on a more extensive schedule. The second description of domestic workers indeed resembles the characteristics of fulltime domestic workers. Full-time domestic workers generally work for most of the hours in a day or week, usually for one employer, and may also work additional hours beyond regular schedules when required. They are responsible for a wide

11 “Unorganized Worker Ministry of Labour & Employment Government of India", available at:

https://labour.gov.in/unorganized-workers (last visited April 1, 2024).

range of household tasks and duties. This differs from part-time domestic workers, who work fewer hours and may have multiple employers simultaneously.12 Moreover, these workers are also classified under abode basis like live-in and live-out nature A live-in worker typically has their own living quarters within the employer’s home and is

available to work and assist the household throughout their designated hours. They may have set hours or be on-call as needed, depending on the agreement with the employer. However, a live-out worker commutes to the employer's home for their scheduled shifts and returns to their own residence afterward. They are not having accommodations provided by their employer and aren’t available outside of their scheduled work hours unless agreed upon otherwise13. Based on their social conditions this they have been classified under Resident and Migrant domestic workers in which a Resident domestic worker refers to a domestic worker who resides in the same household where they work. They may live on-site, either in separate quarters or shared living spaces with their employers.

Resident domestic workers often perform various household tasks such as cleaning, cooking, childcare, and other domestic duties. A migrant domestic worker is a person who moves for employment purposes as a domestic worker. They work to perform household tasks such as cleaning, cooking, childcare, and eldercare14. Causes of forced employment of Domestic Work particularly Socio Economic causes A large number of domestic workers comes from socio economically disadvantaged

backgrounds where access to formal employment opportunities is limited. Poverty, lack of education, and limited skills can push individuals towards accepting domestic work as a means of survival. Domestic work may offer a when alternative opportunities are limited 15. Poverty is a pervasive issue worldwide, disproportionately affecting marginalized communities and certain regions. Families living in poverty often struggle to meet basic needs such as food, shelter, and healthcare. The lack of financial resources can push individuals, especially women, towards seeking employment opportunities, including domestic work, to alleviate economic hardships and provide for themselves and their families. From the root cause of poverty, they 12 “Who are domestic workers (Domestic workers),” available at: www. ilo. org/global/topics/domestic-workers (last visited April 3, 2024).

13 “ Live-in and live-out domestic workers,” 2015 available at: www. ilo. org/global/topics/wages/minimumwages/domestic-workers (last visited April 3, 2024).

14 Media Representation of Women Migrant Workers: A Critical Look, 9 February 2023.

15 Shaista Faris Khan, “A Legal Perspective on the Socio-economic Status of the Domestic Workers in India,” vol.04 International Journal for Multidisciplinary Research 2022

illiterate such Domestic workers often come from backgrounds where access to education is restricted due to various barriers such as poverty, lack of infrastructure, and cultural norms favouring boys’ education over girls. As a result, many domestic workers have low levels of educational attainment, which limits their access to formal employment opportunities outside the domestic sphere16. Moreover, Women employed as domestic help are at an elevated risk of experiencing sexual harassment and abuse from their employers or other household members. The nature of such harassment can encompass forceful or unwanted sexual advances, groping, or other forms of unwanted sexual activity. These abuses can cause significant mental and emotional trauma to the victim, leading to profound and long-lasting psychological suffering.

The working conditions of domestic workers often involve long hours and intensive workloads, characterized by a wide range of tasks and responsibilities without adequate rest periods. The commodification of care work and household services has led to the feminization and racialization of domestic labour. Numerous factors contribute to the low remuneration of domestic workers, including the surplus of available labour, the undervaluation of such work, inadequate representation, limited bargaining power, and the exclusion of domestic work from labour laws such as minimum wage coverage. This systemic devaluation of domestic work has resulted in a situation where workers in this sector continue to earn considerably less than their counterparts in other professions.

As a result, domestic workers may remain trapped in lowwage, precarious employment, with limited prospects for upward mobility or economic empowerment. Extended working hours and heavy workloads can have a deleterious impact on the physical and emotional well-being of domestic workers such as Chronic stress, fatigue, and sleep deprivation are common among domestic workers, as they struggle to balance the demands of their job with their personal lives17. The lack of access to healthcare and social support further exacerbates the health risks faced by domestic workers, who may delay seeking medical treatment due to financial constraints or fear of losing their occupation. 16 “Global education monitoring report, 2019: Migration, displacement and education: building bridges, not walls - UNESCO Digital Library,” available at: www. unesdoc. unesco. org (last visited April 2, 2024).

17 Dr Munkir Jainul Mujawar, "Women Domestic Workers: A Helping Hand in Urban India" , II P Iterative International Publishers, 2023

Legal protection on Domestic Workers and their socio economic status Unorganized Workers’ Social Security Act, now incorporated into the Code on Social Security, 2020, introduced various social security programs for informal workers. These schemes include Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY), Pradhan Mantri Suraksha Bima Yojana (PMSBY), and Pradhan Mantri Shram Yogi Maan Dhan Pension Yojana (PM-SYM). Additionally, Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PMJAY) provides health coverage for secondary and tertiary health benefits to eligible beneficiaries, including domestic workers. The Domestic Workers Sector Skill Council (DWSSC) offers skill development training programs, while the new Labour Codes ensure decent working conditions, occupational safety, grievance redressal mechanisms, and social security benefits for all workers, including domestic workers.

These schemes aim to provide life insurance, disability cover, pension benefits, and health coverage for domestic workers. The government is taking steps to improve the lives of domestic workers. These efforts include social security programs under the Code on Social Security and skill development initiatives to boost their job prospects. Tamil Nadu included domestic work under its Minimum Wages Act in 2007. As of 2022, the state has set minimum hourly wages for different categories of domestic workers. Tamil Nadu set a minimum wage for domestic workers, Rs. 45. 50 per hour for “unskilled domestic work” (such as sweeping, mopping and dish washing), hourly rate of Rs. 47 for semi-skilled domestic workers and an hourly rate of Rs. 48 for home nurses and care workers. The monthly minimum wage (based on an 8-hour day) has been set at Rs. 9,418 per month for unskilled work, Rs.

9,701 for semi-skilled work and Rs. 9983 for skilled work18. The Tamil Nadu Domestic Workers Welfare Board, created in January 2007, marked a significant step forward for domestic worker protections in the state. By bringing domestic workers under the ambit of the Tamil Nadu Manual Wages Act, 1982, the board ensured they received the legal right to minimum wages. The program covers all manual laborers employed in domestic settings, including those involved in cleaning, cooking, childcare, and other household tasks. The Board offers various benefits, such as financial assistance for education and marriage, maternity support, accidental death coverage, and pensions. The establishment of the Welfare Board represents a positive step towards addressing the needs of domestic workers, there are areas that require improvement, including revisiting the benefit amounts to 18G. O. (D) No.

163, Labour Welfare and Skill Development (J1) department, dated 08. 04. 2022. www. cms. tn. gov. in

ensure they are adequate and enhancing awareness and registration efforts to reach more domestic workers. While this initiative signifies progress towards providing holistic social security to domestic workers, there have been concerns about the adequacy of the benefits. The ILO adopted Convention 189 in 2011, known as the Domestic Workers Convention, with the aim of promoting a decent work for domestic workers globally. This convention recognizes the valuable contributions of domestic workers to the economy, especially women and girls, often from migrant or disadvantaged communities, who perform essential but often undervalued work.

The Convention emphasizes the application of fundamental labour rights to domestic workers, including freedom of association, protection against forced labour and child labour, elimination of discrimination in employment, and ensuring fair wages and working conditions. It also addresses specific issues such as minimum age requirements, protection against abuse and violence, and access to social security and healthcare. This Convention 189 underscores the needs of recognizing and valuing domestic work, providing a legal framework to strengthens the rights and protections of domestic workers globally. By setting clear standards and obligations for member states, the Convention aims to combat the historical undervaluation and invisibility of domestic work, ultimately promoting social justice and fair labour practices in this sector.

Judicial Response on Domestic worker’s rights The judiciary serves as a crucial guardian of domestic workers’ rights by interpreting and enforcing laws, delivering landmark judgments, engaging in judicial activism, protecting against exploitation, recognizing rights, monitoring government actions, and contributing to legal advocacy and awareness. The Judiciary interprets laws related to labour rights, including those concerning domestic workers, and ensures their enforcement. The Judicial activism can provide legal remedies to domestic workers who face violations of their rights, such as nonpayment of wages, harassment, or unsafe working conditions. The Judiciary acts as a safeguard against exploitation and abuse faced by domestic workers.

Courts can intervene to prevent and address instances of physical, emotional, or sexual abuse, ensuring accountability for perpetrators and providing protection to victims. The Supreme Court of India can monitor Government organizations in charge of carrying out labour laws and welfare programs for domestic workers. The Judicial intervention and supervision ensures that these agencies fulfil their obligations and allocate resources effectively to protect the rights of domestic workers.

Through these actions, the judiciary plays an important role in advancing the cause of social justice and equality for the domestic workers. The case of Delhi Domestic Working Women’s Forum v. Union of India and Others19 represents a significant milestone in the struggle for the recognition and protection of the rights of domestic workers in India this case brought to light the pervasive issues faced by this vulnerable workforce and sought judicial intervention to address their plight. In the National Domestic Workers Welfare Trust v. State Of Jharkhand & Others20 the National Domestic Workers Welfare Trust, sought various reliefs and directions from the court to protect the rights and interests of domestic workers in the state of Jharkhand.

It highlighted the vulnerable conditions faced by domestic workers, including issues related to low wages, lack of social security benefits, and inadequate working conditions. It also highlights the need to recognize domestic work as legitimate employment deserving legal recognition and protections. By acknowledging domestic work as a formal sector of employment, domestic workers can be entitled to rights such as fair wages, reasonable working hours, and access to social security benefits. The court observed that the duty of the state to protect the rights and welfare of domestic workers. This includes ensuring their inclusion in labour laws and social security schemes, as well as taking proactive measures to address their unique needs and challenges. In Shramjeevi Mahila Samiti v.

State Of Nct Of Delhi21 case Supreme Court of India issued certain directives and directions regarding the welfare of unorganized sector workers, particularly domestic workers. The Government of India had constituted a National Social Security Board through a notification dated 22nd May 2017. Through judicial interventions, the courts have played a crucial role in interpreting and expanding the scope of legal protections available to domestic workers. Decisions in these cases often emphasize the fundamental rights of domestic workers, affirming their status as workers entitled to essential legal safeguards. Conclusion Women being forced to make difficult choices between their own goals and societal

19 1995 SCC (1) 14, JT 1994 (7) 183

20 W.P. (PIL) No. 2810 of 2012

21 SLP No. 150/2012

expectations. These expectations are often internalized by women themselves, shaping their perceptions of their roles and responsibilities. In many societies, the value placed on women's domestic labour is often overlooked or undervalued, reinforcing the notion that such work is natural or innate to women's roles as caregivers and homemakers. working in domestic roles may face challenges in obtaining employment that offers better compensation, benefits, and job security, particularly if they lack sufficient education. Domestic work, which typically requires minimal formal education or training, becomes an accessible option for individuals seeking employment and income generation. The limited access to education among domestic labourers poses a significant hindrance to their career advancement opportunities as well as their potential for upward social mobility.

The globalization of the economy has led to the internationalization of domestic labour through the transfer of capital, commodities, and labour across borders. The commodification of care work and household services has led to the feminization and racialization of domestic labour. Many women, especially those lacking access to education, economic resources, and alternative job opportunities, turn to domestic work out of necessity. This can be due to structural inequalities and societal norms.