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  • Justice within the new factory gates: how to hold RWAs responsible for workers’ welfare

  • Shardha Rajam, Prabha Kotiswaran
  • Journal:
    International Journal of Law in Context / Volume 21 / Issue 1 / March 2025
    Published online by Cambridge University Press:
    10 January 2025, pp. 176-196
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  • The gated community is a unique site of social reproduction which has proliferated across India. Elite families are reproduced at the individual, household level but also at the communal level in service-rich private enclaves. These households rely heavily on specialised reproductive labourers who are deprived of worker status because they work in the private domain. Homeowners’ associations or resident welfare associations (RWAs) meanwhile regulate reproductive labour through surveillance and wage fixing and by regulating entry and exit. Despite their public function, RWAs claim no responsibility for worker welfare due to privity of contract and the exclusion of ‘domestic service’ from labour laws. We examine India’s new labour codes, establishment laws and constitutional law to pin responsibility on RWAs as public bodies for ensuring the fundamental rights and welfare of these workers.