Domestic Worker Exploitation in Kerala: Ensuring Legal Rights for Women Employees

Overview of the Situation:

In Kerala, domestic workers — especially women — play a crucial role in the functioning of households, often working long hours with minimal wages and limited protections. Despite legal provisions, cases of physical abuse, unpaid wages, unsafe work conditions, and even trafficking have surfaced in urban and rural pockets alike. Sadly, many of these women remain unaware of their rights or fear retaliation if they raise their voices.

Although the Unorganised Workers’ Social Security Act, 2008, and state welfare boards aim to protect domestic workers, enforcement is still inconsistent. This is where legal intervention becomes essential, especially in escalating cases to the civil or criminal courts to seek justice.

What is Domestic Worker Exploitation?

Domestic workers, especially women, play a critical role in maintaining urban households in Kerala. However, they often face exploitation, harassment, and poor working conditions. Despite their indispensable contributions, they remain one of the most marginalized groups in the labor sector. This document examines the challenges faced by women domestic workers, the legal frameworks available to protect them, and the essential role of lawyers in advocating for their rights.

Challenges Faced by Women Domestic Workers

1. Harassment and Abuse: Verbal, physical, and sometimes sexual harassment are significant issues. Many workers face intimidation and emotional abuse, which go unreported due to fear of losing their jobs.
2. Low Wages and Wage Theft: Many workers receive wages below the minimum wage or face non-payment for their labor. Instances of employers withholding salaries or deducting wages unjustly are common.
3. Lack of Job Security: Informal employment arrangements lead to sudden termination without notice or compensation. The absence of formal contracts leaves workers vulnerable to arbitrary dismissal.
4. Poor Working Conditions: Long hours, lack of breaks, and no provision for sick leave or holidays contribute to the physical and mental strain on workers. Inadequate access to proper nutrition and rest further exacerbates these challenges.
5. Social Stigma and Isolation: Domestic workers often face social discrimination and isolation from community networks. Their work is undervalued, leading to a lack of recognition and respect.

Legal Frameworks Protecting Domestic Workers

1. The Unorganized Workers’ Social Security Act, 2008: Provides social security benefits to unorganized sector workers, including domestic workers, covering health insurance, maternity benefits, and pensions.
2. The Minimum Wages Act, 1948: Some states have included domestic work under this act, ensuring fair pay. However, uniform implementation across all regions remains a challenge.
3. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Extends to domestic workers, offering protection against harassment. Yet, many workers remain unaware of their rights under this law.
4. State-Specific Legislation: Kerala has progressive labor policies, including welfare boards for unorganized workers, but gaps remain in enforcement and awareness.

The Lawyer’s Role in Protecting Domestic Workers

1. Legal Representation: Advocating for workers in cases of wage theft, wrongful termination, and harassment. Lawyers play a vital role in ensuring that workers receive fair hearings and justice.
2. Awareness and Education: Conducting workshops and legal literacy programs to educate domestic workers on their rights and available legal remedies.
3. Policy Advocacy: Collaborating with NGOs and government bodies to strengthen labor laws and push for the inclusion of domestic workers in formal labor protections.
4. Filing Complaints: Assisting in filing complaints under anti-harassment laws and seeking compensation. Lawyers help navigate complex legal processes that workers may find intimidating.
5. Negotiation and Mediation: Facilitating discussions between employers and workers to resolve disputes amicably, promoting fair treatment without the need for lengthy litigation.

Recent developments in Kerala have highlighted the ongoing challenges faced by domestic workers, particularly women, in urban households. In March 2024, Kerala's Labour Minister, V Sivankutty, announced that legislation aimed at ensuring job security and various benefits for domestic workers was in its final stages. This proposed law seeks to address issues such as proper work hours, fair pay, leave entitlements, and rest periods. It also aims to regulate placement agencies to prevent exploitation, mandating online registration for both workers and employers to enhance accountability. 

Despite these legislative efforts, domestic workers continue to face significant challenges. Reports indicate that many endure long working hours, low wages, and are vulnerable to various forms of abuse, including physical and sexual harassment. The lack of formal contracts and legal protections exacerbates their vulnerability, making it difficult for them to seek redress or report incidents of exploitation. 

In a landmark judgment in early 2025, the Supreme Court of India emphasized the necessity for comprehensive laws to protect the rights of domestic workers. The Court highlighted that this group is among the most vulnerable to exploitation, often hailing from marginalized communities such as Scheduled Castes, Scheduled Tribes, Other Backward Classes, and economically weaker sections. The judgment underscored the urgent need for legislative measures to secure fair wages, reasonable working hours, and protection from abuse for domestic workers. 

These developments underscore the critical role that legal professionals play in advocating for the rights of domestic workers. Lawyers are instrumental in providing legal representation, raising awareness about existing rights and protections, and pushing for stronger enforcement of labor laws. Their efforts are essential in bridging the gap between legislative provisions and the actual realization of rights for domestic workers in Kerala.

Case Studies

1. Harassment in Urban Households: Highlighting specific cases where legal intervention led to justice for the worker. For example, in one case, a domestic worker successfully sued for damages after facing prolonged harassment.
2. Wage Disputes: Examples of successful wage recovery through legal channels, including cases where back pay was awarded after legal action.
3. Policy Impact: Instances where lawyer-led advocacy influenced policy changes, leading to the inclusion of domestic workers in social welfare schemes.

Conclusion While Kerala has made strides in labor rights, domestic workers, particularly women, remain vulnerable to exploitation. Lawyers play a pivotal role in bridging the gap between legal rights and their practical enforcement. Strengthening legal frameworks, enhancing awareness, and fostering community support can significantly improve the working conditions and lives of domestic workers in Kerala.

Recommendations

1. Enhanced Legal Protections: Amend labor laws to include comprehensive coverage for domestic workers, ensuring rights to minimum wage, social security, and safe working conditions.
2. Stronger Enforcement Mechanisms: Establish dedicated bodies to monitor labor law compliance and address grievances efficiently.
3. Community Support Networks: Establish local groups and support systems that empower domestic workers, providing spaces for solidarity and shared resources.
4. Regular Training Programs: For both employers and employees to promote respectful workplace practices, focusing on rights, responsibilities, and conflict resolution.
5. Data Collection and Research: Conduct regular surveys to understand the challenges faced by domestic workers and inform policy decisions.

By focusing on these areas, Kerala can lead the way in safeguarding the rights and dignity of women domestic workers, setting a benchmark for the rest of the country.

Legal Expertise from Rohith Associates – High Court Advocates in Trivandrum:

Rohith Associates, a leading legal team of high court advocates in Trivandrum, has worked extensively on domestic worker exploitation cases, ensuring that justice is not just a right on paper but a lived reality. The firm has handled cases involving unpaid wages, unlawful termination, physical abuse, denial of leave, and other forms of harassment.

Their approach is both strategic and empathetic — identifying the nature of exploitation, collecting evidence such as testimonies, medical reports, or witness accounts, and taking swift legal action either through civil litigation or filing FIRs under relevant criminal provisions.

Whether the matter involves filing under Section 354 IPC (assault on a woman), Section 370 (trafficking), or labor-related civil suits, Rohith Associates ensures that women are not alone in their legal journey. As high court lawyers near Vanchiyoor Court in Trivandrum, they’re easily accessible to clients and deeply familiar with the local judicial processes.

They also coordinate with NGOs and women’s rights organisations to offer holistic support — legal advice, emotional counselling, and rehabilitation where needed. The firm’s standing as one of the best criminal lawyers in high court and best divorce lawyers in Trivandrum allows them to bring in cross-disciplinary insight, especially when abuse in employer homes overlaps with other legal areas.

Backed by a reputation for being among the best high court advocates, the team takes pride in standing up for the vulnerable — ensuring accountability, compensation, and dignity for domestic worker