Loss of unpaid domestic care is a distinct economic loss
First and foremost the Court established that the loss of unpaid domestic care is a distinct economic loss, and ordered that a homemaker's work must be valued at a minimum of INR 30,000 (around USD 315) per month when calculating accident compensation. The Court further clarified that "this amount of INR 30,000 - i.e. loss of domestic care is to be taken as a 'stand- in' (basic minimum monthly income) for monthly income in those cases where the homemaker does not have an input into the house, in strictly conventional, monetary terms. In those cases where the homemaker is part of the workforce, the component of loss of domestic care shall be in addition to the monthly income as may be proved before the Tribunal/Courts."
Unpaid domestic and care work is economically undervalued
In their 36 pages judgement the Bench of Justice Karol and Justice Singh observed that homemakers, actually are the 'nation builders' and they ought to be recognised as such. The Court noted that unpaid domestic and caregiving work performed by women remains economically undervalued despite its enormous contribution to society and the economy.
In the Court's view, "it is ironic to describe a homemaker as dependant on earning members, when, in reality the household's functioning depends substantially on the homemaker. The earning members are in fact solely dependent on the homemaker but alas, this reality does not receive the acknowledgment it deserves."
The judgment also contains an extensive discussion on the social, emotional, economic and psychological contributions made by homemakers.
24 years delayed justice
The second important lacunae flagged by the Bench was the inordinate delay of 24 years in deciding the case. To assess the extent of the problem, the Bench examined precisely 123 appeals of Motor Accident Claims Tribunal decided by Supreme Court Benches headed by Justice Karol. The analysis revealed that the average pendency before Motor Accident Claims Tribunals was approximately six years, while appeals remained pending in High Courts for about eight years. So much for our Judiciary system.
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