“Every Household Will Be Dragged Into Litigation”… Why the Supreme Court Spoke on Domestic Workers and Service Agencies

New Delhi: The Supreme Court on Thursday declined to hear a Public Interest Litigation (PIL) seeking a legal framework to set and enforce minimum wages for domestic workers. The petition highlighted the need to protect millions of domestic employees working in urban households through enforceable wage regulations.

Court’s Observations

The bench, headed by Chief Justice of India (CJI) Sunil Suryakant, observed that the court’s powers are limited and it cannot direct the central or state governments to amend existing laws. The CJI expressed concern that mandating minimum wages could have unintended consequences.

“Once minimum wages are made compulsory, people might refuse to employ domestic workers. Tell me, how many industries have successfully managed labor unions? All the sugarcane unions collapsed. If minimum wages are enforced, these unions will ensure that every household is dragged into litigation,” the CJI said.

On Exploitation of Domestic Workers

The Court acknowledged that domestic workers are often exploited. However, it emphasized that there are alternative ways to address these issues, such as raising awareness about individual rights, improving worker skills, and implementing other reforms. While millions of domestic helpers across the country face poor working conditions, the Court stressed that law-making falls within the legislature’s domain, and the judiciary cannot encroach upon it.

Concern Over Service Agencies

The Supreme Court also noted that urban service agencies supplying domestic workers have emerged as the primary exploiters. The CJI remarked that in major cities, these agencies dominate the market, and households now rely almost exclusively on them. These organizations often exploit the workers they provide, becoming the “real oppressors” in the domestic labor ecosystem.

This ruling highlights the delicate balance between protecting workers’ rights and practical enforceability, while also signaling the Court’s concern over systemic exploitation by intermediary agencies in India’s domestic labor market.