The case for social and legal change for domestic work in India

By Madhulika

The coronavirus pandemic has acted to highlight and exacerbate the failures in access to justice for domestic workers in India. The spread of Covid-19 and the ensuing lockdown measures implemented by the Government of India to contain its spread has had a profound impact on work and workers. In India, women employed in paid domestic work have been amongst the most critically hit. As per the National Sample Survey Organization, there are as many as four million paid domestic workers in India, though unofficial data suggests that there might be close to 90 million.

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Why India’s Constitutional Guarantee of Anti-Discrimination is Not Enough?

By Vatsal Patel

India is perhaps the only country where the constitutional guarantee of non-discrimination is not backed by a comprehensive legislation. While Article 15(1) of the Indian Constitution posits a mandatory duty upon the State to not “discriminate against any citizens on grounds only of religion, race, caste, sex, place of birth or any of them” (Vertical Anti-Discrimination); Article 15(2) places a similar obligation upon Indian citizens, to not discriminate against fellow citizens, in terms of granting them access to public-spaces (Horizontal Anti-Discrimination). These articles are in addition to a discrimination-free commitment in public-employment under Article 16(2) and a broad guarantee of a right to equality under Article 14.

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