Homemaker

The sheer amount of time and effort that is dedicated to household work by individuals, who are more likely to be women than men, is not surprising when one considers the plethora of activities a housemaker undertakes

Homemakers – The sheer amount of time and effort that is dedicated to household work by individuals, who are more likely to be women than men, is not surprising when one considers the plethora of activities a housemaker undertakes - A housemaker often prepares food for the entire family, manages the procurement of groceries and other household shopping needs, cleans and manages the house and its surroundings, undertakes decoration, repairs and maintenance work, looks after the needs of the children and any aged member of the household, manages budgets and so much more - In rural households, they often also assist in the sowing, harvesting and transplanting activities in the field, apart from tending cattle - However, despite all the above, 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. (N.V. Ramana, J.) #2021 SCeJ 001

Fixing notional income for a homemaker, serves extremely important functions - It is a recognition of the multitude of women who are engaged in this activity, whether by choice or as a result of social/cultural norms

Homemakers – Notional income - Fixing notional income for a homemaker, serves extremely important functions - It is a 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 of the land believe in the value of the labour, services and sacrifices of homemakers - It is an acceptance of the idea that these activities contribute in a very real way to the economic condition of the family, and the economy of the nation, regardless of the fact that it may have been traditionally excluded from economic analyse - It is a reflection of changing attitudes and mindsets and of our international law obligations - And, most importantly, it is a step towards the constitutional vision of social equality and ensuring dignity of life to all individuals. (N.V. Ramana, J.) #2021 SCeJ 001

Also see: Notional Income - MVA

The gratuitous services rendered by the wife/mother to the husband and children cannot be equated with the services of an employee and no evidence or data can possibly be produced for estimating the value of such services.

Lis arose pertaining to the criteria for determination of compensation payable to the dependants of a woman who died in a road accident and who did not have regular source of income. Singhvi, J. opined that it is highly unfair, unjust and inappropriate to compute the compensation payable to the dependants of a deceased wife/mother who does not have a regular income by comparing her services with that of a housekeeper or a servant or an employee who works for a fixed period. The gratuitous services rendered by the wife/mother to the husband and children cannot be equated with the services of an employee and no evidence or data can possibly be produced for estimating the value of such services. Ganguly, J., in his concurring opinion, said that women make a significant contribution at various levels.

Arun Kumar Agrawal v. National Insurance Company Limited, (159) PLR 428 (SC),

"63. Household work performed by women throughout India is more than US $612.8 billion per year (Evangelical Social Action Forum and Health Bridge, p. 17). We often forget that the time spent by women in doing household work as homemakers is the time which they can devote to paid work or to their education. This lack of sensitiveness and recognition of their work mainly contributes to women's high rate of poverty and their consequential oppression in society, as well as various physical, social and psychological problems. The courts and tribunals should do well to factor these considerations in assessing compensation for housewives who are victims of road accidents and quantifying the amount in the name of fixing "just compensation".

64. In this context the Australian Family Property Law has adopted a very gender sensitive approach. It provides that while distributing properties in matrimonial matters, for instance, one has to factor in "the contribution made by a party to the marriage to the welfare of the family constituted by the parties to the marriage and any children of the marriage, including any contribution made in the capacity of a homemaker or parent."