Jharkhand High Court Evokes Manusmriti, Asserts Women's Obligation To Serve Elderly Mother-in-Law

The Jharkhand High Court has asserted that Indian women carry an inherent duty to attend to their elderly mothers-in-law or grandmothers-in-law, citing the Manusmriti and labelling this responsibility as a 'cultural practice.' This declaration came as part of a ruling on Monday in response to a criminal revision petition filed by a man contesting a maintenance order of Rs 30,000 for his wife and Rs 15,000 for his minor son.

However, this judgement raises concerns as it undermines women's rights, particularly their freedom to lead their lives as they choose. Below, we delve into the intricacies of this case.

Jharkhand High Court Says Married Women Obliged to Serve Aged Mother-in-Law

The Jharkhand High Court has stated that, according to Indian cultural norms, women have a cultural obligation to serve their elderly mothers-in-law, viewing the wife's desire for separate living arrangements as unreasonable. This observation came as part of a ruling on Monday in response to a criminal revision petition filed by a man challenging a maintenance order of Rs 30,000 for his wife and Rs 15,000 for his minor son.

The husband, employed as an assistant professor, submitted the plea to the Jharkhand High Court, contending that the Family Court in Dumka overlooked his wife's conduct, who is a medical doctor. According to court records, the couple tied the knot in 2013. However, the wife purportedly expressed reluctance to live with her in-laws and accused her husband's side of demanding dowry. (dowry rights in India)

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During the proceedings, the Family Court in Dumka ruled in favour of the petitioner, directing the respondent to pay the specified amount to his wife and son, with arrears to be settled in 12 equal instalments. However, following an examination of various testimonies, the bench concluded that the wife voluntarily left her marital home due to her unwillingness to care for her elderly mother-in-law (75) and grandmother-in-law (95).

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The court noted that she exerted pressure on her husband to live separately, a proposition not agreed upon by the man. The Jharkhand High Court has emphasised that serving elderly mothers-in-law or grandmothers-in-law is a cultural practice and obligation for women in India, asserting that the wife's insistence on separate living arrangements with such in-laws is deemed unreasonable.

Jharkhand High Court's Manusmriti Reference Sparks Conversations On Women's Rights

The recent declaration by the Jharkhand High Court raises a crucial concern about the possible undermining of women's rights, particularly in the context of interpreting and implementing Manusmriti. This decision initiates a broader societal discourse, delving into the interplay between cultural traditions, legal interpretations, and the safeguarding of fundamental rights. It illuminates the intricate challenges surrounding gender dynamics within the judicial realm.

Consequently, the ruling has spurred conversations on the utilisation of historical texts like Manusmriti in legal proceedings and the potential repercussions for modern perspectives on gender equality and women's self-determination.

Expert Quote On The Case

We got in touch with Siddharth Chandrashekhar, Advocate & Counsel at the Bombay High Court, Mumbai, who emphasised that as individuals age, their capacity to care for themselves diminishes, making them dependant on their children. In traditional Indian society, wives often take on the role of caring for their husbands' elderly family members. However, with changing family structures, conflicts may arise in nuclear families. Chandrashekhar urged couples to find a balance between asserting independence and caring for elderly relatives, emphasising the need for both partners to contribute to the well-being of the elderly in the family. He said, 'It is imperative that the couple (and not just the wife) find a middle ground and balance their need to assert their independence while taking care of the elderly members in the family and looking out for them.'

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