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2021 (1) TMI 1123 - SC - Indian LawsClaim for compensation on death of dependency - Re-computation is sought of compensation for loss of dependency - HELD THAT:- The United Nations Committee on the Elimination of Discrimination against Women adopted General Recommendation No. 17 on the "Measurement and quantification of the unremunerated domestic activities of women and their recognition in the gross national product' in 1991. The General Recommendation affirmed that "the measurement and quantification of the unremunerated domestic activities of women, which contribute to development in each country, will help to reveal the de facto economic role of women" - It is worth noting that the above General Recommendation is passed in furtherance of Article 11 of the Convention on the Elimination of All Forms of Discrimination against Women which relates to ending discrimination against women in the field of employment, a Convention that India has ratified. The issue of fixing notional income for a homemaker, therefore, 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 - Returning to the question of how such notional income of a homemaker is to be calculated, there can be no fixed approach. Grant of compensation, on a pecuniary basis, with respect to a homemaker, is a settled proposition of law - Taking into account the gendered nature of housework, with an overwhelming percentage of women being engaged in the same as compared to men, the fixing of notional income of a homemaker attains special significance. It becomes a recognition of the work, labour and sacrifices of homemakers and a reflection of changing attitudes. It is also in furtherance of our nation's international law obligations and our constitutional vision of social equality and ensuring dignity to all - The granting of future prospects, on the notional income calculated in such cases, is a component of just compensation.
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