The case originated from an FIR (No. 60/2017) lodged against multiple individuals, including Ajay Malik, for the wrongful confinement and trafficking of a female domestic worker. The complainant, a woman belonging to a Scheduled Tribe from Chhattisgarh, had left her home in search of employment but was allegedly deceived and brought to Delhi under false pretences. She was forced to work without proper wages and subjected to harsh conditions by an unregulated placement agency that controlled her employment. Ajay Malik, a senior scientist at DRDO, employed her as a domestic worker at his official residence, having entered into an agreement with the placement agency. According to the allegations, she was confined within his residence in Dehradun while he was away on official duty, with the house locked from the outside and a spare key given to his neighbour, Ashok Kumar, who was tasked with overseeing the premises.

The complainant, having no means of escape, eventually managed to contact the police, leading to her rescue on 29.03.2017. An FIR was registered against four individuals under Sections 343 (wrongful confinement) and 370 (trafficking) of the Indian Penal Code (IPC). The investigation led to separate legal proceedings against Ajay Malik and Ashok Kumar. While Malik sought to have the case against him quashed on the grounds of insufficient evidence, Kumar challenged his inclusion in the charge sheet, claiming he was falsely implicated. The High Court refused to quash the charges against Malik but discharged Kumar, leading to the present appeals before the Supreme Court.

Issues considered

1. Whether the High Court rightly rejected Ajay Malik’s plea for quashing criminal proceedings under Section 482 CrPC.
2. Whether the High Court was correct in rejecting the compounding of charges.
3. Whether Ashok Kumar’s discharge by the High Court was legally sustainable.
4. Whether India’s legal framework sufficiently protects the rights of domestic workers. 

Observations on domestic workers’ rights

• The Court recognized that despite the growing demand for domestic workers, they remain one of the most vulnerable and exploited workforces, often subjected to low wages, unsafe environments, and lack of legal protection.

“The simple reason for this harassment and rampant abuse, which seems to be prevalent throughout the country, is the legal vacuum which exists vis-à-vis the rights and protection of domestic workers. Indeed, domestic workers in India remain largely unprotected and without any comprehensive legal recognition. As a result, they frequently endure low wages, unsafe environments, and extended hours without effective recourse.” (Para 41 of the judgment)

• It highlighted the absence of comprehensive national legislation regulating domestic work, pointing out that previous legislative attempts, such as the Domestic Workers (Conditions of Employment) Bill, 1959, and subsequent similar bills, never materialized into concrete laws.

“It, thus, seems to us that no effective legislative or executive action in furtherance of enacting a statute, which could prove to be a boon to millions of vulnerable domestic workers across the country, has been undertaken as of now.” (Para 50 of the judgment)

• Domestic workers remain excluded from major labour laws such as the Payment of. Wages Act, 1936, and the Equal Remuneration Act, 1976.

“Over and above the absence of any legislation protecting their interests, domestic labourers also find themselves excluded from existing labour laws as well. These, inter alia, include statutes such as the Payment of Wages Act 1936, Equal Remuneration Act 1976, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Juvenile Justice (Care and Protection of Children) Act, 2015, etc.” (Para 50 of the judgment)

• The unregulated nature of placement agencies has led to widespread trafficking and forced labour, making domestic workers particularly susceptible to exploitation.

“At this juncture, we must fairly note that there have already been several attempts to bring domestic workers under legal protection. However, for a plethora of reasons that are beyond the scope of the present discussion, these Bills have never materialized into tangible laws or policies…… The Domestic Workers (Regulation of Work and Social Security) Bill, 2017 sought to regulate the work of domestic workers, prescribe duties for employers and placement agencies, establish Boards for their registration, address issues related to the marginalisation caused by migration, and provide for the inclusion of domestic workers in significant labour laws. However, the Bill was never enacted.” (Para 49 of the judgment) 

• The Supreme Court directed the Union Government to constitute an Expert Committee comprising representatives from the Ministry of Labour & Employment, Ministry of Social Justice & Empowerment, Ministry of Women & Child Development, and Ministry of Law & Justice.

“As regard to the larger issue of the protection of rights of domestic workers, we direct the Ministry of Labour and Employment in tandem with the Ministry of Social Justice and Empowerment, the Ministry of Women and Child Development, and the Ministry of Law and Justice, 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.” (Para 55 of the judgment)

• The Committee was tasked with examining the feasibility of incorporating domestic workers under existing labour laws, recommending measures for their regularization, ensuring fair wages, providing social security benefits, and establishing a framework to regulate placement agencies.

“It will be appreciated if the Committee submits a Report within a period of 6 months, whereupon the Government of India may consider the necessity of introducing a legal framework which may effectively address the cause and concern of domestic workers.” (Para 55 of the judgment)

• Additionally, the Court underscored the need for India to align with international labor standards, referring to the ILO Domestic Workers Convention, 2011 (No. 189), which sets out guidelines for fair labour practices and protections.

“In the international spectrum, over the course of many decades, the ILO has provided various guidelines and conventions for the betterment of labour laws across the world. It is noteworthy that it has also extensively sought to protect the rights of domestic workers, which it recognises as a uniquely disadvantaged and marginalised class.” (Para 43 of the judgment) 

• The Court reiterated the doctrine of parens patriae, affirming the State’s duty to safeguard vulnerable and marginalized workers.

“Amidst this backdrop, which motions the lack of specific protections covering domestic workers in India, it becomes this Court’s solemn duty and responsibility to intervene, exercise the doctrine of parens patriae and forge the path leading to their proper welfare.” (Para 53 of the judgment)

The Supreme Court’s judgment underscores the urgent need for legislative intervention to protect domestic workers’ rights, addressing a longstanding legal vacuum that has left them vulnerable to exploitation and abuse. The ruling not only calls for legal recognition of domestic workers but also highlights the necessity of including them within the broader framework of labour protections, social security, and wage regulations. Insights from the UN Women report further emphasize the gendered vulnerabilities of domestic workers, particularly women, who face workplace discrimination, harassment, and precarious employment conditions. Programs such as capacity-building initiatives and advocacy efforts led by organizations like the Martha Farrell Foundation demonstrate the potential impact of legal literacy and collective action in securing workplace safety and dignity for domestic workers. The Supreme Court’s directive to constitute an Expert Committee reflects a broader call for systemic reforms, aligning India’s domestic labour policies with international standards such as the ILO Domestic Workers Convention, 2011. By urging Parliament to enact a dedicated Domestic Workers’ Protection Act and recommending awareness campaigns to empower domestic workers, the Court reinforces the need for a holistic approach that combines legislative measures with enforcement mechanisms and grassroots activism. This judgment marks a significant step toward ensuring fairness, security, and legal accountability in a sector that has long been overlooked, setting a precedent for future labour law reforms in India.

The judgment in the case Ajay Malik v. State of Uttarakhand delivered by Surya Kant. J on 29/01/2025 may be read here

(The legal research team of CJP consists of lawyers and interns; this primer has been worked on by Shailendar Karthikeyan)

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‘We are considered servants, not humans’: Women of Jai Bhim Nagar reveal the violence of domestic work

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Meanwhile, big owners and money laundering businesses exploit these artisans, whose living and working conditions are deteriorating. The cooperative societies have practically ceased functioning. So, where do they go and to whom do they tell about their painful livelihood conditions?

The state and Central governments seem to have little regard for minimum improvement in the living standards of these artisans. Also, there are no specific plans to uplift these artisans. As these artisans increasingly drown in severe crisis, struggling to get minimum nutritious food in accordance with their work effort, it remains to be seen how long Bengal’s Bishnupur Baluchari saree last?

History and Unique Identity of Baluchari Sarees

According to the history of Bengal’s garment industry, the Baluchari saree traces its origin in West Bengal. The name “Baluchari” came into existence from the weaving of muslin (silk) sarees in a small village called Baluchar in Murshidabad District of Bengal about 500 years ago.

In the 18th century, Murshidkuli Khan, the Nawab of Bengal, patronised its rich weaving tradition, bringing the craft of making this saree from Dhaka to Baluchar village and encouraging the handloom industry. Unfortunately, Baluchar village was submerged after a terrible flood of the Ganga River, forcing the muslin industry to move to Bishnupur in the Bankura District.

Several historical researchers have revealed in their studies that this silk saree was being made in Bishnupur long before that. According to the Malla dynasty, thousands of years ago, King Jagatmalla of Mallabhum patronised and encouraged the flourishing of the silk saree. This trend and tradition were maintained by successive Mallabhum kings, who allowed different kinds of crafts to flourish.

Elderly Baluchari artisan Shyamsundar Bit makes saree as a daily worker.

A major influence of Bishnupur terracotta temples can be seen in Baluchari sarees. Mythological and contemporary societal stories have been taken from the walls of terracotta temples to these silk sarees. Later, this trend declined, especially during British rule, due to political and financial reasons, causing it to become a dying craft. Most weaver artisans were compelled to give up the profession.

In the first half of the 20th century, famous artist Subho Tagore (full name Subhagendranath Tagore), a grandson of Maharshi Debendranath Tagore, felt the need to re-cultivate the rich tradition of Baluchari handicraft. He invited Akshay Kumar Das, a weaver artisan from Bishnupur, to his centre to learn jacquard weaving techniques. Das then went back to Bishnupur and worked hard to weave Baluchari on their looms with the financial and moral support from Hanuman Das Sarda, who was the local director of Bishnupur Silk Khadi Seva Mandal.

According to historian Manik Lal Singh, post-Independence, the government tried to revive this historical Baluchari saree. However, it did not go far; the price of raw materials, including silk and other ingredients, was always quite high. As a result, Baluchari sarees became more expensive than other sarees.

Additionally, in the post-Independence period, people’s financial conditions were not good. This caused the Baluchari market to remain downward. As a result, the artisans could not work more. Consequently, thousands of Baluchari weaver artisans suffered from financial distress. The whole Baluchari business was in the grip of four or five moneylenders in Bishnupur. They gave silk yarn to weavers to make cloth. One kilogramme of yarn used to make five sarees. Entire families of artisans were involved in this work.

“We used to get Rs 20 for working all day,” recalled Shyam Sundar Bit, 70, a Baluchari saree artisan in Bishnupur’s Vaishnabpara. He said in the 1970s, their condition became dire, with many artisans unable to fulfil their daily food needs.

How the Almost Dying Baluchari Saree was Revived

In 1977, after the Left Front government came to power, several cooperative societies were formed in Bishnupur to revive the Baluchari saree, as well as support weaver artisans. Artisans were enrolled in these coop societies and provided yarn to make Baluchari sarees. Additionally, looms were given to loomless weavers. Numerous daily wage artisans became owners. They submitted their production to the concerned cooperative societies and received proper remuneration.

Cooperatives also announced healthy competitions, awarding prizes, including television sets, to those who made more sarees. At the end of the year, weaver artisans received a part of the cooperative’s income as dividend.

Artisan Bharat Das, who stays in Vaishnabpara, told this reporter that he did not have a loom and made sarees for big owners for petty wages. When he received a loom from the cooperative, he got regular work, and was rewarded with a TV set for making sarees. Now, he owns three looms. Many such artisans in Bishnupur regained their existence with the help of cooperatives. The market for Baluchari sarees started growing rapidly.

Baluchari sarees are famous for their unique craftsmanship and artistic value. These embroidered sarees are dominated by stories and characters from epics like the Ramayana and Mahabharata, giving them a royal look. Sarees depicting the story of Lord Krishna explaining the Bhagvad Gita to Arjun are among the most popular designs of Baluchari sarees. Especially the anchal craftsmanship of the saree fascinates people.

“The Left Front government made arrangements for Baluchari artisans to attend fairs in different parts of the country with their products. Government organisations like Manjushree, Tantushree, and Manjusha started buying sarees from cooperatives,” said Bamaprasad Rakshit, a Baluchari artisan in Bishnupur, adding that apart from the country, the value of this saree also increased in other countries.

In 2001, the Bankura District administration signed an agreement with the National Institute of Fashion Technology (NIFT) in Bishnupur to create a centre at Bishnupur K.G. Engineering College to bring modern designs to Baluchari sarees and make them in less time. Computerised designs were created, and many artisans got enrolled.

Small trader Raju Pal showing Baluchari sarees in his shop in Vaishnabpara.

“Baluchari sarees became more attractive through this process,” said Professor Nihar Harza, who took over as the chairman of this new organisation. He said as a result, sarees were made by trained artisans in a short period of time, improving their financial status step by step.

How are Baluchari Artisans Spending Their Days Now?

“At present, most of the cooperatives are closed in Bishnupur. Only Bayon Silpi Cooperative Society is running with mere 50 artisans,” stated Bamaprasad Rakshit, an artisan and secretary of the Tant Sramik Union Bankura District Committee, affiliated with CITU.

He alleged that the present state government had no initiative to re-open the cooperatives. About 15,000 people are involved in Baluchari saree-making, but only 800 of them have their own loom. The rest work as daily wage labourers.

NIFT’s former chairman, Professor Nihar Hazra, alleged that after the Trinamool Congress-led government came to power in Bengal, the NIFT centre was closed. About 20 computers are damaged due to lying idle, and the rest of the centre’s items were destroyed. He said he had informed the sub-divisional administration several times, but no initiative had been taken to revive the state-of-the-art centre for the development of Baluchari sarees.

Haradhan Das and Shambhu Bit, Baluchari artisans from Vaishnabpara, said two artisans were needed to run the loom and make a saree. It takes three days to make one saree. The wage for one saree is Rs.1,800, which is divided between two artisans. Each artisan gets Rs. 300. They also claimed that they used to get silk yarn from cooperatives, which is very costly in the open market. When the cooperatives were active, they didn’t have to buy yarn in the market, allowing them to make Baluchari sarees at home as owners. The cooperatives would buy the sarees at a fair price. After the cooperatives closed down, the artisans reverted to being daily wage workers.

Baluchari saree artisan Haradhan Das makes sarees as a daily wage labourer at Vaishnabpara, Bishnupur.

Aasha Das, a resident of Vaishnabpara, said women of the house have to do the thread work. The silk thread is separated by soaking and drying it. They receive petty wages for this work. The dry thread is spun on a spinning wheel and cut into small pieces, which is locally called lolipakano.

Mihir Das, an artisan who does this work, said after working hard all day, they earn only Rs. 150. “We cannot arrange for even the minimum needed nutritious food and are suffering from chest, neck, and eye diseases,” he said.

Artisan Mihir Das making Baluchari yarn, locally called lolipakano. He earns only Rs 150/day.

Raju Pal, a leader of the Tant Sramik Union, told this reporter: “We have raised a demand from our organisation to give identity cards to all artisans, re-open the closed cooperatives, and set up a yarn bank here so that artisans can get yarn from the market at a lower price. Otherwise, these artisans cannot be saved.”

Bamaprasad Rakshit, another union leader, said these artisans have been making attractive, eye-catching sarees which are sold by traders in the market at high prices, while thousands of weavers are spending their days in hardship. This cannot continue.”

When asked, Prasenjit Ghose, Sub-divisional Officer (SDO) of Bishnupur, said NIFT would start working again. A six-month certificate course will be launched immediately to teach Baluchari saree work, he said, adding that an initiative is being taken to register the names of all artisans of Bishnupur.

All pictures taken by Madhu Sudan Chatterjee.

Courtesy: Newsclick

The post Rich Heritage but Poor Plight of Bishnupur’s Baluchari Silk Artisans appeared first on SabrangIndia.

Punjab, once one of the prosperous states in India, is now reeling under a crisis. Lack of jobs and demonetisation have crippled the lives of daily wagers, whose families now depend on micro loans to run households. They squarely blame the central government for their plight. NewsClick talked to daily wage workers in Patiala to find out what they feel about politics and elections.

Courtesy: News Click

The post Wait, Despair and Hope: Fate of Daily Wage Labourers in Punjab appeared first on SabrangIndia.