Dispelling The Myth Of An Idle Wife: Recognition Of The Gendered-burden Of Unpaid Domestic And Care Work In India

On 19th February 2026, judgement pronounced by Hon’ble Dr. Justice Swarna Kanta Sharma in the Delhi High Court platformed the invisible realities of economic freedom of women in India, especially after marriage. 

Petitions (Crl. Rev. P. 718 of 2024 and Crl. M.A. 16466 of 2024) were filed before the court in lieu of matrimonial disputes and for the grant of maintenance to the wife and children. In response to the arguments made by the Advocate for the husband requesting the courts “to be cautious in entertaining claims of maintenance by women who, despite having the capacity to work, choose not to do so after marriage and seek to sustain themselves on the earnings of the husband,” Hon.ble Dr. Justice Swarna Kantha Sharma drew attention to the social context of marital expectation on women in India which hinder their ability to attain financial independence, unlike their male counterparts. 

Further, the court astutely recognised that:

“The assumption that a non-earning spouse is ‘idle’ reflects a misunderstanding of domestic contribution. Managing a household, caring for children, supporting the family, and adjusting one’s life around the career and transfers of the earning spouse are all forms of work, even though they are unpaid and often unacknowledged. To describe non-employment as idleness is easy; to recognise the labour involved in sustaining a household is far more difficult.”

The idea of equating women’s domestic contributions to being idle and therefore not adding value to society is termed as Unpaid Domestic and Care Work (UDCW). While UDCW can be undertaken by anyone, patriarchal norms usually dictate that women take up these tasks. Statistically, 75% of UDCW across the globe is undertaken by women, according to a report by UN Women.

What is Unpaid Domestic And Care Work (UDCW)?

UN Women’s Progress of the World’s Women 2000, UNIFEM’s biennial report defines Unpaid Domestic and Care Work as follows: “The term ‘unpaid’ differentiates this care from paid care provided by employees of the public and NGO (non-government organisations) sector and employees and self-employed persons in the private sector. The word ‘care’ indicates that the services provided nurture to other people. The word ‘work’ indicates that these activities are costly in time and energy and are undertaken as obligations (contractual or social).“

Unpaid care work therefore involves cooking, cleaning, caring for elderly, the children, the sick and other domestic chores, that does not entitle the provider to any monetary benefit. However, in 2025, UN Women recognised how UDCW powers the economy and is a sector within itself if such work were given monetary value. The International Labour Organisation (ILO) estimated that such work would exceed 40% of the GDP. However, because UDCW is often left out of standard economic metrics, it is hardly recognised as work. 

Further, the burden of UDCW, across the globe, is disproportionately shouldered by women. It is estimated that in every 24 hours, women across the world engage in 16 billion hours of UDCW. The ILO estimates that as a result, about 379 million women across the globe, between the ages of 25-54, are outside the labour force due to the disproportionate share of UDCW they shoulder. 

While UDCW disproportionately impacts women everywhere, it becomes a more serious issue when it is invisibilised, and such invisibilisation is normalised. In a densely capitalist society that functions with economic welfare as its primary driver, financial freedom and independence are indispensable. The need for financial freedom and independence becomes all the more essential for marginalised groups and identities in order to overcome such marginalisation and seek opportunities. While the patriarchy calls for gendered roles that limit women to being at home and taking up nurturing responsibilities, capitalism ascribes the worth of an individual based on their wealth-building capacity. As both these systems work together, it leads to the invisibilisation of UDCW, making the work of women in caretaking roles seem worthless. 

Recognising the Invisibilisation of UDCW in the Indian Context

As seen from the judgment pronounced by Hon’ble Dr Justice Swarna Kanta Sharma, there is a tendency in Indian society to assume that when a partner is unemployed and shouldering the responsibilities of the home, such a partner is ‘idle’ and making a choice not contribute financially. The judgement is significant as it points out, for the first time, the hypocrisy of Indian society in expecting women to give up their careers in pursuit of marriage,  motherhood and eldercare while discrediting the physical and mental labour it takes to be wives, mothers, daughters and daughter-in-law. Moreover, such hypocrisy also creates an illusion that men are self-made, when in reality, they are able to achieve their ambitions in the outside world because the women in their family silently take up the responsibility of the world within. When such invisibilisation is normalised, it leads to increased systemic inequality between men and women. Within the Indian context, this can be observed in the growing online narratives around equating alimony to dowry, increased risk of economic abuse of women, inadequate investments towards systems of care and a culture weaponised incompetence among men. 

Law and Policy as a Pathway to recognise UDCW in India

India has shown a strong correlation between liberal judgment protecting the freedom of women and the enactment of women-centric laws. For example, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) came into force as a direct result of the Supreme Court’s judgement in Vishaka v. State of Rajasthan, recognising the need for a comprehensive policy framework to combat sexual harassment in the workplace. 

• Expanding the Myth of the Idle Wife

Taking inspiration from Vishaka v. Union of India, the Myth of the Idle Wife Doctrine identified by Hon’ble Dr Justice Swarna Kanta Sharma must be developed into Indian jurisprudence and legislation. The doctrine can be applied to cases of maintenance, where necessary. The calculation of maintenance at the time of divorce should take into account the UDCW undertaken by the wife (or husband, as the case may be) during the period of marriage. Calculation of maintenance should not be limited to the earnings and lifestyle of the spouse, but should also quantify and compensate for the unrecognised UDCW undertaken by the spouse. 

• Building systems of care and support infrastructure to accommodate UDCW

A lot of the responsibility attached to UDCW is a result of a lack of infrastructure. For instance, according to the National Family Health Survey conducted between 2019 and 2021, 13% of girls in India drop out of school every year to take up chores at home. These chores usually include activities like looking after siblings in the family or older people. By investing in infrastructure for child and elder care, India can reduce the burden on young school girls to prioritise UDCW over their education. This helps create a culture where women are encouraged to pursue opportunities in the outside world. 

• Advocacy on UDCW and calling men “in” to share responsibility to promote equitable redistribution

The long term solution to addressing UDCW is to encourage men to take part in household responsibilities that are seen strictly as the “women’s role”. It is to teach that work has no gender, whether it is within the household or out in the world. A culture of collaboration has to be created where men are called into their own homes to share responsibility while also being taught that it is important for women to have their own financial freedom. This will help create a level playing field where no one gender is entirely dependent on the other for social existence. 

UDCW has been entrenched in us culturally that we often miss the nuanced marginalisation it leads to for women. This latest judgement of the Delhi High Court sheds a sliver of light on the need to recognise the efforts on UDCW by women across the country. The judgment should garner momentum within our society to pave the way for institutional change and equitable shared responsibility among men and women. 

Sruthi (she/her) is a lawyer who works in International Development with a commitment to advancing justice through policy, law, and data. With an international law and analytics background from NYU, she is deeply committed to re-imagning and building systems through an intersectional and inclusive lens. Her work includes consulting on the Telangana Rising Vision 2047 document, contributing to inclusive digital ecosystems at the UNDP, consulting with international development organizations and working as a Judicial Law Clerk at the Telangana High Court.