ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Tort LawSubscribe to Tort Law

Indian Courts and the Politics of Recognising Women’s Unpaid Care Work

In this episode, we speak to Prabha Kotiswaran about how Indian courts value women's unpaid domestic work.

An Ode to Altruism

Feminists have demonstrated how the invisibility and lack of recognition of unpaid domestic and care work result in gender inequality and women’s disempowerment. Discussions of the role of law in reinforcing this invisibility is limited and focused on family law. This paper shall look at tort law, namely a review of compensation awarded to the dependents of homemakers, between 1968 and 2019, under the Indian Motor Vehicles Act, 1988. The growing recognition of women’s UDCW by Indian appellate courts, culminating in an influential Supreme Court decision in 2010, is traced. This “wages for housework” jurisprudence is then marshalled to probe the redistributive function of tort law.
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