An Analysis on the Shared Household and the Right to Reside under the Protection of Women from Domestic Violence Act, 2005

Patriarchy is deeply rooted in our Indian Society. Women are always considered as the chattels of men and this set-up is the main reason for domestic violence. Women suffer violence from womb to tomb. Women are being socially, economically, physically, psychologically and sexually exploited. But they always suffer in silence. In 2005, the Parliament enacted the Protection of Women from Domestic Violence Act. The Preamble of the Act states that the object of the Act is to provide effective protection of the rights of women guaranteed under the Constitution. It protects the women from any kind of violence in their domestic relationships. The Act provides protection for all women who all are having a relationship with the abuser so sisters, mothers, in-laws, widows and unmarried women living with the abuser can seek protection under the Act. A key provision of the Act is the shared household concept. Now by this Act, women have the right to reside in the “shared household” or to seek support for alternative housing arrangements. A woman cannot be evicted from her husband’s house, it can be done only according to the procedure establish by law. In case if she is thrown out of that house she can be brought back to the same house by obtaining an order from the court. Mostly Indian women do not have the option to return to their parent’s home or to live on their own; this provision enabled them to stay in their in-laws house with law’s protection. It is the interpretation provided by various judgments which enlarged the concept of “shared household and the right to reside.” The paper examines the various aspects of shared household from the analysis of various judgments.