In Judgment On Homemakers, Supreme Court Cites 2023 Handbook Which CJI Surya Kant Called 'Too Harvard-Oriented'

The Supreme Court on Thursday (July 11) delivered a landmark judgment which recognized homemakers' contribution as 'nation builders', and directed that their contribution must be quantified a minimum as Rs 30,000 per month.

The Court held that when a homemaker dies in a motor vehicle accident, the loss of domestic care must be separately awarded as a head of compensation, quantified at Rs 30,000 per month. 

It is notable that in this judgment, the bench comprising Justice Sanjay Karol and Justice NK Singh quoted from the Handbook prepared by the Supreme Court in 2023 to address gender stereotypes in judicial proceedings. The Handbook, prepared during the term of the then CJI DY Chandrachud, advised to avoid the use of the word "housewife" and use "homemaker" instead.

The Handbook explained that the term "housewife" carried a stereotype that "women who do not work outside the home do not contribute to the household or contribute very little in comparison to their husbands." On the other hand, the use of "homemaker" acknowledged the reality that women who are homemakers perform unpaid domestic labour (such as cooking, cleaning, washing, household management and accounts) and care work (such as caring for the elderly and for children, helping children with their homework and extracurriculars). "The unpaid labour performed by women not only contributes to the household's quality of life but also results in monetary savings. Women who are homemakers contribute to the household to an equal (or greater) extent," the Handbook had stated. The judgment authored by Justice Karol used these quotes from the Handbook.

It is interesting to note that recently, the Supreme Court had issued a direction to revisit this Handbook. CJI Surya Kant, while hearing a suo motu case over certain problematic comments made by the Allahabad High Court in a sexual violence case, had commented that the Handbook was "too Harvard-oriented".

The bench led by CJI Surya Kant directed the National Judicial Academy to prepare fresh guidelines, stressing that such norms must reflect India's social fabric and not be borrowed from foreign jurisdictions.  The Court had observed in that judgment :

"We recommend that the Committee of Experts prepare, preferably the entire report, and in any case at least the draft guidelines, in simple language comprehensible to laypersons, whose interests the guidelines seek to protect. The guidelines, we expect, will not be loaded with heavy, complicated expressions borne from foreign languages and jurisdictions. They must be contextualised in the real and lived experience of the stakeholders in Indian judicial process, with direct reference to the ethos, values, and social fabric of our country"

On contribution of homemakers

In today's judgment, enhancing compensation payable to the family of a homemaker who died in a road accident in Haryana in November 2001, the Court observed :

"The homemakers, to put it directly, actually are the 'nation builders' and they ought to be recognised as such."

The Court lamented that homemakers continue to be perceived as dependent on earning members despite the household substantially depending on their labour and care. It noted that unpaid domestic and caregiving work performed by women remains economically undervalued despite its enormous contribution to society and the economy.

"It is ironic to describe a homemaker as dependant on earning members, when, in reality the household's functioning depends substantially on the homemaker," the Bench said.

The judgment contains an extensive discussion on the social, emotional, economic and psychological contributions made by homemakers. Referring to women as the first teachers of children and the unseen force behind families, the Court said homemakers play a central role in shaping human capital, social bonds and national development.

The Bench observed that while the contribution of homemakers extends far beyond biological reproduction, they are also largely responsible for preparing the human capital on which the country's economic aspirations rest. It added that the everyday labour of homemakers enables other family members to pursue education, professions and livelihoods.

The Court further noted that women's unpaid caregiving work is estimated to contribute between 15% and 17% of India's GDP, yet remains unpaid and largely unrecognised.