Examining the Idea of Wages for Housework in India
*The author is cognisant of the fact that housework is carried out by individuals of all gender identities; however, in India unpaid domestic labour is predominantly undertaken by women.[1] Therefore, references in this article to ‘women’ and ‘housewives’ should be understood in this narrow context.
The recent manifesto pledge by the Makkal Needhi Maiam (MNM), a regional party from Tamil Nadu, to introduce legislation that would mandate the payment of wages for housework has reignited the longstanding debate in India surrounding the remuneration of domestic labour. In launching the MNM’s manifesto, Kamal Haasan opined that ‘paying housewives for doing their job is an idea whose time has truly come . . . .’[2] While the concept of introducing a salary for housework may seem novel to many, it is a notion that has been repeatedly raised in India including, most notably, in 2012 by the then-Minister of State for Women and Child Development, Krishna Tirath.[3] The MNM’s proposals garnered widespread support from senior politicians and activists alike; however, it will be argued in this article that there are a number of drawbacks to these proposals.
A statistical overview: the gendered disparity in household work
Before examining the key issues surrounding the debate about the introduction of wages for household labour, it is first necessary to understand the gendered disparity of unpaid housework in India. According to a 2019 report by the National Statistical Office, the vast majority of unpaid domestic labour in India is undertaken by women. On average, women spend 16.9% of their day on unpaid domestic tasks and an additional 2.6% on unpaid caregiving for other members of their household. By contrast, on average, men in India spend 1.7% of their day on unpaid housework and just 0.8%[4] on unpaid caregiving to other members of their household.
These figures reinforce the conclusion of the International Labour Organization which, in 2018, ranked India as among the most unequal nations in terms of the division of labour for unpaid housework as between men and women, with less than 10%[5] of unpaid care work on average being performed by men. It is this gendered disparity in the division of domestic labour that has led proponents, such as Shashi Tharoor,[6] to argue that the introduction of wages for housework would provide not only recognition of the value of housework, but also a vital means of financially empowering women.
Quantification and commodification: a question for Parliament?
Given the number of women engaged in household work across India, it is unsurprising that the courts have repeatedly been required to quantify its monetary value in determining compensatory awards. While this article is not intended to provide an exhaustive analysis of the existing case law, two competing tendencies are readily discernible within judicial dicta and reflect the wider debate on the subject. On the one hand, the courts have routinely sought to quantify and recognise the monetary value of domestic labour, while on the other, judges have emphasised that such work is generally incapable of monetary valuation in the absence of further guidance set down by statute.
The first tendency can be noted in the Lata Wadhwa[7] case, where the Supreme Court grappled with the contentious issue of quantifying the value of household work in determining the appropriate compensatory award following a negligently caused fire. In the absence of any data relating to the earnings of the economically inactive victims, Pattanaik J set the value of household work at Rs 36,000 per annum for those economically inactive individuals engaged in domestic labour between the ages of 34 and 59. In the decades that have followed the Lata Wadhwa case, numerous judges have emphasised the need to establish an acceptable monetary value for housework. In the recent case of Kirti,[8] Kant J noted that ‘the conception that housemakers do not “work” or that they do not add economic value to the household is a problematic idea that has persisted for many years and must be overcome.’[9] In elaborating the justification for remunerating household work, Kant J opined that remuneration would lead to the ‘recognition of the multitude of women who are engaged in this activity, whether by choice or as a result of social/cultural norms. It signals to society at large that the law and the Courts . . . believe in the value of the labour, services and sacrifices of homemakers.’[10]
By contrast, in Arun Kumar Agrawal[11]—which is emblematic of the second tendency identified above—Singhvi J observed that ‘in India the Courts have recognised that the contribution made by the wife to the house is invaluable and cannot be computed in terms of money.’[12] Singhvi J went on conclude that ‘it is not possible to quantify any amount in lieu of the services rendered by a wife/mother to the family . . . .’[13] In Arun Kumar Agrawal, Ganguly J noted that it was time for Parliament to ‘rethink . . . ’[14] the laws surrounding the value of homemakers and household work. It is noteworthy that, while the judiciary have ultimately deferred this question to Parliament, such observations have not prevented courts from awarding compensation based on the perceived value of housework. These concerns about establishing an overarching statutory regime have resurfaced following the MNM’s manifesto which, while laudable, fails not only to indicate how the proposed wages scheme would be funded, but also to provide any detail on how the value of unpaid housework would be calculated.
Concerns about commodification
Critics of the MNM’s proposal have argued that it would be a mistake to monetise unpaid housework as this effectively seeks to put a ‘price tag’ on a mother’s ‘sacrifices’[15] and would reduce housewives to occupying a position of ‘employment’ within their own homes. Interestingly, these concerns echo the sentiments of Singhvi J in Arun Kumar Agrawal, who opined that, while a housekeeper could ‘do the household work . . . [they would] never be a substitute for a wife/mother who renders selfless service . . . .’[16] While these concerns are understandable, the author believes that they are misplaced because they misconstrue the purpose of the MNM’s proposals, which are arguably not an attempt to commodify the position of a homemaker, but rather aim to recognise the value of unpaid housework and, in so doing, to provide a level of basic income to homemakers across India.
Reinforcing extant gendered norms
While the dearth of detail in the MNM’s manifesto could be rectified at a later date, the author submits that, although well-intentioned, these proposals inadvertently reinforce certain existing norms within Indian society. Given the gendered disparity in the division of household labour already extant in India, the implementation of legislation that mandates the payment of wages for housework would arguably ossify the societal and cultural narrative of men as ‘providers’ and women as ‘homemakers.’ On this view, instead of empowering women through the payment of wages, the policy would in fact risk disempowering them by reinforcing existing prejudices surrounding the perceived ‘role’ of women.
Furthermore, the participation of women in India’s economically active workforce has consistently declined from over 30% in 2005 to little over 20% in 2020.[17] While there are numerous drivers behind the declining rate of women’s participation in the labour force, societal attitudes remain a formidable barrier to the participation of women in the workforce. To this end, it is revealing that in the latest National Sample Survey, over 90% of the unemployed women who were surveyed primarily undertook domestic duties and, of these women, 92% stated that their principal activity was household work which they were ‘required’[18] to carry out. More than 60% of women stated that their principal reason for spending most of their time undertaking domestic labour was that there was ‘no other member [of the household] to carry out domestic duties.’[19] Against this backdrop it is arguable that the introduction of wages for household work would further discourage women’s participation in the labour force.
Conclusion
Ultimately, it has been argued that the MNM’s proposal to introduce wages for housework, while well-intentioned, is problematic for a number of reasons. In particular there is a risk that this policy would reinforce existing gender norms and further discourage the participation of women in the labour force in India.
Article tags: | intersectionality | feminism | diversity
On average, women in India spend 16.9% of their day on unpaid domestic tasks and an additional 2.6% on unpaid caregiving for other members of their household. By contrast, on average, men in India spend 1.7% of their day on unpaid housework and just 0.8% on unpaid caregiving to other members of their household. Illustration by Sally Deng
While the concept of introducing a salary for housework may seem novel to many, it is a notion that has been repeatedly raised in India including, most notably, in 2012 by the then-Minister of State for Women and Child Development, Krishna Tirath. Image source: Business Line
On the one hand, the courts have routinely sought to quantify and recognise the monetary value of domestic labour, while on the other, judges have emphasised that such work is generally incapable of monetary valuation in the absence of further guidance set down by statute. Image source: Schlesinger Library, Radcliffe Institute / Bettye Lane
Given the gendered disparity in the division of household labour already extant in India, the implementation of legislation that mandates the payment of wages for housework would arguably ossify the societal and cultural narrative of men as ‘providers’ and women as ‘homemakers.’ Image source: Feminism In India
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Sources Cited
[1] Tish Sanghera, ‘How Unpaid Work Keeps India’s Women Poor and Unequal’ (IndiaSpend, 25 March 2019) <https://www.indiaspend.com/how-unpaid-work-keeps-indias-women-poor-and-unequal/> accessed 25 January 2021.
[2] Anuradha Nagaraj, ‘Wages for Housewives: Party's Manifesto Pledge Stirs Debate in India’ (Sight, 8 January 2021) <https://www.sightmagazine.com.au/news/18551-wages-for-housewives-party-s-manifesto-pledge-stirs-debate-in-india> accessed 26 January 2021.
[3] PTI, ‘Homemakers to Get Salaries According to New Govt Proposal’ (India Today, 9 September 2012) <https://www.indiatoday.in/india/story/homemakers-to-get-salaries-according-to-new-govt-proposal-115576-2012-09-09> accessed 25 January 2021.
[4] Ministry of Statistics and Programme Implementation, ‘Time Use in India-2019’ (National Statistical Office 2019) 31.
[5] Laura Addati and others, ‘Care Work and Care Jobs for the Future of Decent Work’ (International Labour Organization 2018) 54.
[6] PTI, ‘Pay for Household Work? Shashi Tharoor Backs Kamal Haasan, Kangana Says “Don't Need Salary”’ (Outlook Magazine, 5 January 2021) <https://www.outlookindia.com/website/story/india-news-shashi-tharoor-backs-kamal-haasans-idea-to-pay-women-for-housework-kangana-opposes/369571> accessed 26 January 2021.
[7] Lata Wadhwa v. State of Bihar, (2001) 8 SCC 197.
[8] Kirti v. Oriental insurance Co Ltd, Civil Appeal Nos 19-20 of 2021 [Judgment dated 5 January 2021].
[9] ibid [10].
[10] ibid [15].
[11] Arun Kumar Agrawal v. National Insurance Co Ltd, (2010) 9 SCC 218.
[12] ibid [23].
[13] ibid [24].
[14] ibid [28].
[15] ‘Don't Pay us for Mothering Our Own’: Kangana Ranaut Opposes Kamal Haasan's Idea to Make Housework a Paid Job’ (Free Press Journal, 5 January 2021) <https://www.freepressjournal.in/entertainment/bollywood/dont-pay-us-for-mothering-our-own-kangana-ranaut-opposes-kamal-haasans-idea-to-make-housework-a-paid-job> accessed 26 January 2021.
[16] Arun Kumar Agrawal (n 11) [23].
[17] International Labour Organization, ‘Labor Force Participation Rate, Female (% of Female Population Ages 15+) (Modeled ILO Estimate) - India’ (The World Bank, 20 September 2020) <https://data.worldbank.org/indicator/sl.tlf.cact.fe.zs?locations=IN&most_recent_year_desc=true> accessed 24 January 2020.
[18] National Sample Survey Office, Participation of Women in Specified Activities Along with Domestic Duties (NSS Report No 559, 2014) 19.
[19] ibid iii.