The homemaker is not idle: Delhi High Court recognises women’s unpaid work

The Delhi High Court recently observed that the assumption that a non-earning spouse is ‘idle’ reflects a misunderstanding of domestic contribution. This observation did more than correct a legal argument. 

It called out a bias that has quietly shaped Indian homes, entered courtrooms, and dominated dinner table conversations for generations.

Justice Swarana Kanta Sharma was dealing with a case of maintenance in a matrimonial dispute, in which the husband’s counsel argued that the wife cannot sit “idle” and claim maintenance. 

The court order read, “A homemaker does not ‘sit idle’; she performs labour that enables the earning spouse to function effectively. To disregard this contribution while adjudicating claims of maintenance would be unrealistic and unjust.” 

The court also addressed the gaps in recognising a woman’s efforts at home.

“To describe non-employment as idleness is easy; to recognise the labour involved in sustaining a household is far more difficult. These responsibilities do not appear in bank statements or generate taxable income, yet they form the invisible structure on which many families function,” it added.

The court upheld the wife’s plea, setting aside the magistrate’s and appellate court’s orders under the Protection of Women from Domestic Violence Act that had denied her interim maintenance.

Women who choose to be homemakers are not idle, and we cannot systematically undervalue the work they do. Domestic work is not a hobby. It is logistics management, caregiving, nutrition planning, emotional regulation, budgeting, scheduling, and crisis response—performed daily, without leave or appraisal. Since none of this work is monetised, it’s often dismissed.

Yet, in matrimonial disputes, maintenance hearings, and property conversations, the phrase “she does not earn” continues to be used to imply that she does not “contribute”. 

Marriage is an equal partnership

The Time Use Survey, conducted by the Government of India, has repeatedly shown that women spend significantly more hours on unpaid domestic and caregiving work than men do. 

Drawing on the findings of the Time Use Survey, this year’s Economic Survey  highlighted that women spent an average of 363 minutes a day on unpaid work, nearly three times the 123 minutes spent by men. 

Many women cannot afford to work outside the home for various reasons. She pauses her career to have a child or becomes a full-time caregiver for family stability. While doing so, she redistributes labour within the household, absorbing unpaid work so that the partner becomes the primary earner. 

While their contributions at home are often dismissed, they also lose out on career progression and financial independence. For some, these vulnerabilities become stark during a separation or divorce. As this case proved. 

The Delhi High Court’s observation reflects a structural understanding of women’s choices and why we need to value them. Women’s choices are shaped by the family structure, the roles of its individual components, and the relationships and interconnections within it.

The court’s recognition also strengthens the argument that marriage is an equal economic partnership, irrespective of whether both spouses have paid jobs. And a woman’s domestic work is a contribution we all need to recognise and applaud.