The International Women’s Day is a good time to talk about the Women’s Charter. Agencja Fotograficzna Caro/Alamy
The Women’s Charter: why it works and how it must be reformed
The Women’s Charter 1961 can be further improved, a lawyer argues, by awarding spousal maintenance based on fairness and not gender; and by using a gender neutral name for the Charter. But, contrary to popular belief, the maintenance provision to wives has evolved and is fair and relevant today.
A colleague recently remarked that marriage benefits women more than men, before asking, “Does a working wife have a right to maintenance by the husband when they divorce?” This reflexive assumption that divorce laws financially benefit female divorcees over male is the crux of the often-heard resentment and confusion today about the Women’s Charter.
Passed in 1961 at a time when wives were financially dependent on their husbands, it was a landmark law that has underpinned the broader emancipation of women in Singapore. It has adapted to the times, with multiple amendments over the years to remove outdated provisions. The application of the Charter to maintenance of wives has also remained relevant. Yet the Charter should be reformed further, given the diversity of family arrangements and evolving gender dynamics in Singapore, including the rise of the manosphere. Two recommendations would be to award spousal maintenance based on fairness and not gender; and to use a gender-neutral name for the Charter.
To understand why, it’s important to remember the socio-economic context of the late 1950s. Women faced inequalities and difficulties at that time, including problems finding jobs, being paid much less than men, polygamous marriages and husband desertion, which also resulted in hardship for children. Before the 1959 general election, the People’s Action Party (PAP) announced in its election manifesto that it will work to “free working-class women from domestic drudgery”. The PAP chairman said, “In the first instance in order to emancipate them from the bonds of feudalism and conservatism a monogamous marriage law will be passed.” After the PAP was voted into power, the Women’s Charter was enacted. In addition to abolishing polygamous marriages (except for Muslims), the Women’s Charter also provided wives the right to engage in profession, trade and social activities; the right to use their own surname and name separately; and equal rights in the ownership and management of family properties.
A key component was maintenance, which refers to financial support. Under the Women’s Charter, a married woman is entitled to apply for reasonable maintenance from her husband in divorce proceedings. But what about women who were financially independent during marriage, or who did not have their earning capacity adversely affected through the course of marriage?
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