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SC directs Legal Framework for Domestic Workers’ Rights & Protection

Case Law Details

TaxGuru Citation
2025 taxguru.in 1078
Case Name
Ajay Malik Vs State of Uttarakhand and Anr. (Supreme Court of India)
Date of Judgement/Order
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Ajay Malik Vs State of Uttarakhand and Anr. (Supreme Court of India)

Supreme Court directs various responsible ministries to jointly constitute a Committee comprising subject experts to consider the desirability of recommending a legal framework for the benefit, protection and regulation of the rights of domestic workers.

Facts- The Complainant, a resident of Birhipani Nawatoli Bokhi, Birhipani, District Jashpur, Chhattisgarh, belongs to a financially disadvantaged family from a Scheduled Tribe. In her search for employment to support her family, she was brought to Delhi in 2009 by her neighbours, Subhash and Mohan Ram, under the pretext of securing work.

Upon her arrival in Delhi, the Complainant was handed over to one Shambhu @ Sambhu Prasad, who reportedly operated an office at Britannia Chowk, Shakurpur, Delhi. Shambhu claimed to run the Saint Maryam Placement Services (Regd.), ostensibly showcased as a social welfare society for Scheduled Tribes (Placement Agency). Shambhu forcibly deployed the Complainant as a domestic help/housekeeper in various households, requiring her to perform tasks such as washing utensils and cleaning. As a result, she was reportedly sent to multiple locations, including Karnal, Delhi, Gurgaon, and Kanpur. The Complainant further alleged in the FIR that Shambhu through the Placement Agency failed to compensate her for the labour extracted, and instead misappropriated her earnings. In this regard, the Complainant also alleged that she was routinely assaulted whenever she requested remuneration or sought permission to return home.

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