Time has come to recognise contribution of homemakers: Delhi HC
New Delhi (PTI): While underscoring the absence of a statutory mechanism, the Delhi High Court has said a "time has come" to recognise the role of homemakers whose contributions remain "hidden and downplayed" when it comes to ownership rights in property.
“We believe that the time has come that such contributions be taken to their meaningful conclusion as these contributions remain hidden and downplayed. However, we take note of the fact that currently, there exists no statutory basis accounting for the recognition of such contributions of homemakers for the purpose of making any determination on the ownership rights or even to quantify the value of these contributions,” a bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar said on September 11.
The order came on a woman's plea challenging a family court order rejecting her suit seeking a declaration that she will have an equal and lawful right over the suit property.
Though the high court upheld the family court’s order rejecting the woman’s plea, it suggested in time, the legislature might bring in measures to ensure contribution of homemakers were reflected meaningfully and also used to determine their property rights.
The court said one must not forget that in a vast multitude of households in the country, especially in houses where there was no assistance in terms of domestic help, the presence of a full-time homemaker permits the family to discount various other expenses that would have to be borne towards the maintenance of the home and family.
She sought being declared 50 per cent owner of the property.
The woman said a wife’s role as a homemaker enabled the husband to engage in gainful employment and contribute directly to the acquisition of family assets, and therefore, any property acquired during the marriage, whether in the name of the husband or wife, must be treated as the product of their joint efforts.
The high court clarified that mere residence of the wife in the matrimonial home cannot by itself vest her with an indefeasible right of ownership over properties standing in the husband’s name.
A legitimate and enforceable claim to the husband's property must rest on proof of meaningful and substantive contribution, and in the absence of such proof, ownership remains with the titleholder, subject of course to statutory or equitable exceptions, it said.
“A matrimonial relationship is not merely a social arrangement but a legally recognised partnership that embodies the essence and fruits of marriage. It is a joint enterprise built on the common endeavour of both spouses, whose contributions, whether financial, emotional, or domestic, are integral to the stability and welfare of the family,” the bench said.
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TMC's reign of terror prevails in West Bengal: Rahul
New Delhi (PTI): Congress leader Rahul Gandhi on Sunday strongly condemned the killing of party worker Debdeep Chatterjee allegedly by TMC goons, and said his party will not bow before this politics that stains India's non-violent tradition.
Chatterjee was brutally murdered in Asansol during post-poll violence. He was closely associated with Asansol North Congress candidate Prasenjit Puitandi, the party claimed.
The worker was attacked and beaten by those linked to the ruling All India Trinamool Congress and succumbed to injuries shortly thereafter, the West Bengal Congress alleged.
"The murder of Congress worker Debdeep Chatterjee by TMC-affiliated goons after the elections is utterly reprehensible. My deepest condolences to the grieving family," Gandhi said in a post on X.
"In West Bengal today, it is not democracy but TMC's reign of terror that prevails. Intimidating, attacking, and eliminating opposing voices after votes are cast -this has become the defining character of TMC," Gandhi also said.
He said the Congress' politics has never been based on violence, nor will it ever be.
"We too have lost our workers, yet we have always chosen the path of non-violence and the Constitution. This is our legacy, this is our resolve. "The demand is clear -immediate arrest of all the guilty, the harshest punishment, and grant full security and compensation for Debdeep's family," the former Congress chief said.
"We will not bow before this politics that stains India's non-violent tradition. Justice will be done," Gandhi said.
The West Bengal Congress, in a post on its X handle, said this tragic incident exposes the complete collapse of law and order in the state and raises serious questions about the safety of opposition workers in West Bengal.
"The fact that such violence has occurred immediately after polling highlights a deeply disturbing pattern of political intimidation and vendetta," it said.
The Congress stands firmly with the bereaved family and demands immediate arrest of all those responsible for this heinous crime and a fair, impartial, and time-bound investigation. It also said adequate compensation and protection for the victim's family.
"It is deeply concerning that even an FIR had not been registered at the time of reporting, further indicating administrative apathy in the face of such a grave incident.
"The Indian National Congress reiterates that democracy cannot survive in an atmosphere of fear and violence. We will continue to raise our voice against such atrocities and fight to ensure justice for every victim," the party said.
The Congress said the murder of Chatterjee by goons associated with TMC is highly condemnable and termed it a direct attack on democracy.
"Democracy in West Bengal has ended, and TMC's reign of terror continues. Silencing and subduing opposing voices through violence has become TMC's hallmark. We demand that the culprits be arrested immediately and given the harshest possible punishment. We will not allow the democracy of our country to be destroyed by these anti-people forces," the Congress said.
