The observations occurred while the court was hearing a case related to the death of a couple (Archive)
New Delhi:
In an important observation that could go a long way in promoting gender equality in the country, the Supreme Court, upon hearing an insurance dispute case, said that the calculation of the theoretical income of housewives should be based on their work, work and sacrifices. “This promotes our nation’s international law obligations and our constitutional vision of social equality and guarantee of dignity for all,” the court said.
The judgment in the insurance compensation case was handed down by a three-judge tribunal of Justices NV Ramana, S Abdul Nazeer and Surya Kant.
“The large amount of time and effort that people put into housework, who are more likely to be women than men, is not surprising when you consider the large number of activities a housewife undertakes. A housewife often prepares food for the whole family, handles grocery shopping and other household shopping needs, cleans and manages the house and its surroundings, performs decoration, repairs and maintenance work, attends to the needs of children and any elderly member of the home, manages budgets and much more, “Judge Ramana wrote.
“The question of fixing theoretical income for a housewife, therefore, fulfills extremely important functions. It is a recognition of the multitude of women who engage in this activity, either by choice or as a result of socio-cultural norms. society in general that the law and the courts of the country believe in the value of the work, the services and the sacrifices of housewives ”, he added.
The observations came while the court was hearing a case involving the death of a couple in their 20s in an accident in 2014. While the husband worked as a teacher, the wife was a homemaker. They have two kids.
A court had ordered an insurance company to pay Rs 40.71 lakh as compensation to the family, but the Delhi High Court, after hearing an appeal, reduced the amount to Rs 22 lakh.
However, the Supreme Court ordered the company to pay Rs 33.20 lakh with 9% interest from 2014. The amount will be paid within two months, the court added.
“The Court must ensure when choosing the method and setting the theoretical income, that the same is fair in the facts and circumstances of the particular case, without evaluating the compensation in a way that is too conservative or too liberal,” the Supreme Court wrote in its ruling. .
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