Homemakers get their due, legally

Homemakers play a vital role in the family structure, often dedicating their time and effort to managing the household, caring for children, and supporting their spouses. Despite the absence of traditional employment, their contributions are substantial and immeasurable. Many legal systems have recognised the importance of acknowledging these contributions and ensuring that homemakers have rights and protections. This recognition extends to property and financial matters, where courts in various jurisdictions have ruled in favour of homemakers’ entitlement to a fair share of marital assets upon divorce, emphasising the principle of equity and the recognition of their non-financial contributions. The rights of homemakers have evolved over time, reflecting a growing awareness of their invaluable role within the family, and the legal decisions made in their favour reflect a commitment to fairness and gender equality in the context of family law.

In a judgment delivered by the Madras High Court, Justice Krishnan Ramasamy said, “The contribution which wives make towards acquisition of the family assets by performing their domestic chores, thereby releasing their husbands for gainful employment, would be a factor which this court would specifically take into account while deciding the right in the properties either the title stand in the name of the husband or wife and certainly, the spouse who looks after the home and cares for family for decades, entitled to a share in the property.” He also added that no law prevents the judges from recognising the contributions made by a wife facilitating her husband to purchase the property. “In my view, if the acquisition of assets is made by joint contribution (directly or indirectly) of both the spouses for the welfare of the family, certainly, both are entitled to equal share,” he said.

In another case of motor vehicle accident, The Motor Accident Claims Tribunal (MACT) in Mumbai, granting compensation for the “loss of future prospects” of a homemaker’s death, underscores the growing recognition of the invaluable role that homemakers play within the household. By awarding compensation for the loss of future prospects in such cases, the MACT acknowledged that the impact of a homemaker’s untimely death reaches beyond immediate financial concerns. This ruling aligns with the broader legal trend of acknowledging and respecting the rights and contributions of homemakers, ensuring that they are not overlooked in matters of compensation and justice.

The Supreme Court’s recent statement affirming that the value of a woman’s work is equal to that of her husband underscores a fundamental principle of gender equality. This recognition highlights the importance of acknowledging and valuing the contributions of women in various aspects of life, including the workforce, family, and society at large. By emphasising that a woman’s work should have the same value as her husband’s, the Supreme Court sends a strong message about the need for gender parity and fair treatment in all spheres of life, ensuring that women’s efforts and contributions are not undervalued or underestimated. Such affirmations contribute to the ongoing efforts to promote gender equality and empower women to participate fully and equally in all aspects of society.

In another judgment, the Bombay High Court recognised the importance of a homemaker’s role in the family when determining compensation in motor accident cases, which is a significant step towards acknowledging the value of non-monetary contributions within the household. This approach aligns with the broader legal trend of valuing the work of homemakers, which goes beyond traditional employment and includes caregiving and other essential tasks.

It is important to recognise and respect the rights of homemakers. They make invaluable contributions to their families, communities, and society as a whole. They undertake a multitude of tasks, including caregiving, homemaking, and providing emotional support, all of which are essential components of a functioning household and family unit.

Empowering homemakers and recognising their rights contributes to gender equality. It challenges traditional gender roles and stereotypes, advocating for a more equitable division of labour within families. This shift towards equality is not only fair but also essential for fostering a more inclusive and just society. Moreover, homemakers make significant economic contributions by enabling other family members to pursue gainful employment. Their support allows the family to thrive financially, and this contribution should be acknowledged and valued in both economic and social contexts. Efforts to give homemakers their rights and increase their respect in society can be achieved through legal reforms, changes in societal attitudes, and educational initiatives that promote gender equality and emphasise the value of unpaid labour.

Ultimately, recognising and honouring the roles of homemakers is a step towards creating a more inclusive and respectful society for all.

(The writer is Associate in dispute resolution and corporate transaction in a Bengaluru-based law firm)