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This is an archive article published on December 2, 2011

Woman’s household chores also count as work,rules court

The contribution of a woman to her household equals her contribution to the workplace because a working woman bears dual responsibility.

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The contribution of a woman to her household equals her contribution to the workplace because a working woman bears dual responsibility. This is what a Motor Accident Claims Tribunal (MACT) decided while awarding compensation to the family of a bus rapid transit (BRT) employee,who met with a fatal accident in 2010.

Anita Devi,employed as a cleaner at the BRT corridor in Krishi Vihar,was run over by a speeding truck. While her family laid claim to a substantial settlement on the basis of Devi being a full-time employee who earned about Rs 5,000 a month,the insurance company offered far less. Employment records for three months produced by the investigating officer showed that while Devi was employed,she did not work on all days of the month — often only for 10-15 days.

MACT judge Nirja Bhatia,however,held that her salary was to be assessed as that of a full-time worker. The duration of her absence should be taken as “time spent managing her household”,she said. “It is common knowledge that working women bear dual responsibility,which comprises managing the household as well as doing outside work aimed at providing supplementary income to the family. Their contribution to the household alone is well-recognised by the Supreme Court,as seen in the ‘Lata Wadhwa versus State of Bihar-2001’ case. Accordingly,the period of her absence from duty is to be construed as time spent fulfilling household obligations,” the judge observed in her order.

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In the Lata Wadhwa case,the Supreme Court had framed guidelines for determining compensation for housewives — taking domestic services rendered by them into account. The amount was fixed at Rs 3,000 per month.

In the present case,the MACT judge did not differentiate between the two roles,holding that the deceased can be considered as a working woman in both cases. She stated that though Devi had not worked through the entire month,her capacity to work regularly could not be dismissed in this manner.

Stating that the victim’s absence from the workplace could have been due to commitments at home,the judge said,“The work period of the deceased for the given three months,the record of which has been placed,may have been reduced due to special circumstances,such as her involvement with children’s exams or health issues.”

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