Today, On 29th January, The Supreme Court urged for legal protections for domestic workers in India. The ruling came while dismissing a case against a man accused of preventing his housemaid from leaving his residence. The Court emphasized the need for clear regulations to prevent exploitation and ensure workers’ rights. This decision highlights the lack of legal safeguards for domestic workers in the country.
New Delhi: The Supreme Court called upon the Central government to establish a comprehensive law to safeguard the rights of domestic workers.
A bench comprising Justices Surya Kant and N. Kotiswar Singh directed the Union Ministry of Labour and Employment, along with other relevant ministries, to form a committee to assess the feasibility of creating such a framework for regulating domestic workers.
This order was issued while the court quashed a criminal case against a man accused of preventing his house help from leaving her job at his residence.
Also Read: Husband Giving Time, Money To Mother Not Domestic Violence: Court to Wife
The man had faced charges under Sections 370 (human trafficking), 343 (wrongful confinement), and 120B (criminal conspiracy) of the Indian Penal Code (IPC).
Here’s a brief explanation of the sections of the Indian Penal Code (IPC) mentioned:
- Section 370 (Human Trafficking)
- Deals with buying, selling, or exploiting a person for forced labor, prostitution, or any form of slavery.
- Includes penalties based on the severity, with imprisonment ranging from 7 years to life imprisonment.
- Section 343 (Wrongful Confinement for Over Three Days)
- Punishes a person who wrongfully confines someone for more than three days.
- The punishment can be up to 2 years in prison, a fine, or both.
- Section 120B (Criminal Conspiracy)
- Punishes two or more people who conspire to commit an illegal act.
- If the act is serious (like murder), the punishment is the same as if they had committed the crime.
- If the act is less severe, punishment can be up to 6 months in prison, a fine, or both.
He contended that he had been wrongfully framed by the police following a dispute between the housemaid and individuals from the agency through which he had hired her. The housemaid had also leveled accusations of rape against agency personnel.
In 2018, the man filed a plea with the Uttarakhand High Court to quash the criminal case against him, seeking to have the matter settled, a request that was supported by the complainant-housemaid.
Also Read: Women, Domestic Violence, And Misuse: Dangerous Narratives
However, the High Court noted that the housemaid’s earlier police statement indicated that the accused had not allowed her to leave since 2016, pending arrangements for another domestic worker.
The High Court determined that such actions constituted an offence under Section 370 of the IPC, which is non-compoundable, and thus dismissed the man’s plea. This led him to seek relief from the Supreme Court.
Today, the Supreme Court granted him relief and quashed the case. His plea was submitted through Advocate Saroj Tripathi.
Case Title: Ajay Malik v. State of Uttarakhand and anr
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
