RIGHT OF DOMESTIC WOMEN LABOURS: GENDER JUSTICE PERSPECTIVE

Abstract

The gender justice has a long history. It gained momentum with the establishment of the United Nations Organization in 1945. The preamble of United Nations charter declared that “…..faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights men and women and nations large and small.” The United Nations had appointed the Commission on the Status of Women in 1946. Its principal duty is to conduct meeting every year and to make recommendations and reports promoting equal rights for women and men in Political, Economic, Civil, Social, and Educational fields. The United Nations in 1972 declared that the year 1975 as “International Women’s Year” and also the beginning of the observance of the “UN decade for women”. The United Nations had adopted Convention on the Elimination of All forms Discrimination Against Women (CEDAW) in the year 1979. It is described as an international bill of rights for women. The preamble of the CEDAW has categorically prohibited the discrimination against women in all aspect of life. In the above aspect Indian constitution also has provided gender justice provisions and the Constitutional Court plays a vital role for effective implementation of gender justice. The Constitution is supreme law of the land. It has been drafted at the time of adoption of the Universal Declaration of Human Rights (UDHR) in 1948.The basic fundamental human rights set out in the UDHR are respectively reflected in part-III and part-IV of the constitution. It prohibits all form of discrimination and emphasis the gender justice in favour of women through protective discrimination. Even though such non-discriminating provisions contained in the above instruments, the Domestic Women Labours right of gender justice severely violated in various way such as no legislative mechanism to promote welfare, domestic work segmented as non-skilled and there is no employers’ contribution to ensure social security and denial of legislative protection in various laws.

Therefore, this paper analyses the background and context, and role of Supreme Court for the promotion of domestic women labours right (DWL) in India generally and domestic women labours gender justice in national and international level particularly and finally conclusion suggest the various welfare promotion mechanism for ensuring their rights.