Chennai domestic help murder: Are domestic workers legally protected?

Unprotected labour sector: Cases of abuse against domestic workers in India continue to be a reality. What does this informal sector look like and what laws are in place to protect them?

Chennai Police have arrested a couple, Mohammad Nishad and his wife Nasriya, in connection with the death of a 15-year-old domestic worker who was allegedly tortured and killed. Four others, including friends and family members, were detained for their involvement in the incident, which took place in a residential flat in the Aminjikarai area of Chennai. The case has raised renewed questions over the rights and safety of domestic workers in India, particularly minors, as well as the inadequate legal protections for this unorganised sector.

 

What happened?

The young girl, originally from Thanjavur, was reportedly hired in December 2023 to care for the couple’s four-year-old child. Investigators found that she suffered extreme physical abuse, with burns from a hot iron and cigarette butts, along with strangulation marks on her neck. According to police, these brutal acts were inflicted as a form of punishment, and one of the women involved committed an additional violation that invoked the Protection of Children from Sexual Offences (Pocso) Act.

 

The girl’s body was discovered in the couple’s toilet after they allegedly fled to a relative’s house, where their lawyer eventually notified the authorities. The couple initially told the police that the girl had suddenly fallen unconscious, however, a police investigation revealed alleged abuse.

 

Who has been arrested?

The primary accused, identified as Mohammad Nishad (35) and his wife Nasriya (30), were taken into custody on Saturday, with four additional suspects detained on Sunday. These include Mageshwari (40), who served as the couple’s domestic help; Lokesh (26), a friend of Nishad; Lokesh’s wife Jayasakthi (24); and Nishad’s sister Seema Begum (39).

 

Domestic worker abuse cases

This is not the first time abuse of domestic help has made headlines, several other incidents to highlight the issue include:

 

Devyani Khobragade incident (2013): Indian diplomat Devyani Khobragade was arrested in New York for allegedly underpaying her domestic worker, Sangeeta Richard, and committing visa fraud by providing false statements to gain Richard’s entry to the United States. The case strained India-US diplomatic relations and brought significant attention to the treatment of domestic workers employed by diplomats. Khobragade was later transferred to the UN mission in New York, which granted her full diplomatic immunity, leading to the dismissal of the charges against her.

 

Sumila Ronghangpi Case (2021): A 12-year-old domestic worker, Sumila Ronghangpi, was found charred to death in her employer’s house in Assam. Investigations indicated that she was murdered and subsequently burned to cover up the crime. This incident sparked widespread protests and highlighted the vulnerability of underage domestic workers.

 

Seema Patra Case (2022): Seema Patra, a member of the Bharatiya Janata Party, was arrested for allegedly torturing her 29-year-old domestic worker in Jharkhand. The worker reported severe physical abuse, including being beaten with hot pans and iron rods. Other incidents, such as one in Noida in 2017 and another in Gurgaon in 2023, have also exposed the harsh mistreatment faced by some domestic workers.

 

How many domestic workers are there in India?

Accurately estimating the number of domestic workers in India is difficult, given the informal nature of their employment and the absence of centralised data. Data from the International Labour Organisation suggests there were approximately 4.2 million domestic workers in India in 2010. However, other independent data from the National Domestic Workers’ Movement, indicate that the number could have exceeded 50 million even back then.

 

Given the significant socio-economic changes in India since 2010, the current number of domestic workers is likely to be higher.

 

Are there any legal protections for domestic workers in India?

Physical abuse, sexual harassment, and economic deprivation are common challenges for domestic workers in India as they often lack a legal contract that define working hours, conditions and salary. This absence of formalised protections leaves many workers vulnerable to mistreatment by employers or placement agencies, and, in some cases, traffickers. While there have been some efforts to safeguard the interests of domestic workers, these have had limited success.

 

The first legal recognition of domestic workers came with the Unorganised Sector Social Security Act in 2008, aiming to extend social welfare benefits to this workforce. It was later replaced by the Code on Social Security in 2020, though this law is yet to be fully enacted. The National Commission for Women also proposed the Domestic Workers (Registration, Social Security, and Welfare) Bill in 2008, following reports of exploitation among live-in workers from tribal areas. However, this bill was put on hold.

 

In 2019, the Ministry of Labour drafted a National Policy for Domestic Workers aiming to regulate placement agencies and include domestic workers under existing labour laws, providing minimum wage rights, access to social security, and protection from abuse. The policy also outlined health and maternity benefits. However, as of November 2024, it has yet to be implemented.

 

Although the Indian government has prohibited minors from domestic work since 2006, inconsistencies in child labour regulations complicate enforcement. The Child Labour (Prohibition and Regulation) Act allows children over 14 to work in homes under certain conditions, providing loopholes that can lead to exploitation.