Social Security

The Indian Constitution clearly spells out the duty of the Central and State Governments to pass legislation to provide assistance to maintain individual or family income or to provide income when some or all sources of income are disrupted or terminated as in the case of sickness, maternity, disability, unemployment or retirement or when heavy expenditures have to be incurred (e.g education, medical expenses, marriage or funeral expenses).

The Supreme Court of India directed the Government to include the domestic workers in the proposed Unorganized Workers’ Social Security Act. Accordingly, The Unorganized Workers’ Social Security Act, 2008, enacted by the Parliament in December 2008, included the domestic workers in no. 2 (n) of the Act. The Act stipulated the constitution of Welfare Boards, which would provide social welfare benefits like family medical insurance, assistance towards education and marriage of children and pension in old age to registered domestic workers.

Currently, State Social Security Boards have been set up for unorganized labour in 11 states and Union Territories. These include Karnataka, Chandigarh, West Bengal, Assam, Orissa, Gujarat, Andaman & Nicobar, Tripura, Rajasthan and Andhra Pradesh. Separate Domestic Welfare Boards have been established in Maharashtra, Kerala, Tamil Nadu and Jharkhand.

• The Unorganized Sector Workers’ Social Security Bill, 2007 passed on 8 January 2008 includes domestic workers in the unorganized sector of workers.
• The H’ble Supreme Court directed the Government to include the domestic workers in the proposed Unorganized Workers’ Social Security Act. Accordingly, The Unorganized Workers’ Social Security Act, 2008, enacted by the Parliament in December 2008, included the domestic workers in no. 2 (n) of the Act.
• The Tamil Nadu Government has included Domestic Work under unorganized worker’s bill; it is also making efforts to fix minimum wage for domestic workers. (This was in response to the Public Interest Litigation (PIL) filed in the Supreme Court of India by the National Domestic Workers Welfare Trust – the legal entity of NDWM, and others seeking a writ of mandamus, directing the State to enact a comprehensive legislation for at least a minimum level of protection to domestic workers as guaranteed under Articles 15 (3), 21, 23, 38, 42, 43 and 51 of the Constitution.).
• The Maharashtra Government passed the Domestic Workers Welfare Act in 2008.
• The state government of Meghalaya approved AAY/BPL cards to 750 domestic workers, registered with the Meghalaya unit of the North East Domestic Workers’ Movement. These cards will allow domestic workers to buy essential commodities at a much cheaper rate from the government approved fair price shops.

During 2020, 9430 workers were registered with Domestic Workers’ Welfare Boards and Unorganised Workers’ Welfare Boards and 5049 workers benefited from social welfare schemes.