Section 17 of the Protection of Women from Domestic Violence Act, 2005 – Right to Reside in a Shared Household
Section 17 of the Protection of Women from Domestic Violence Act, 2005 guarantees the right of a woman to reside in the shared household, regardless of whether she has any legal or equitable interest in it. This is one of the most significant protective provisions under the Act, aimed at ensuring that an aggrieved woman is not rendered homeless due to domestic violence or marital discord.
Key Provisions of Section 17
- Sub-section (1) states that every woman in a domestic relationship has the right to reside in the shared household, whether or not she owns or has any legal rights in that property.
- Sub-section (2) provides that the aggrieved woman shall not be evicted or excluded from the shared household or any part of it by the respondent, except through a court order.
Meaning of Shared Household
The term “shared household” refers to a household:
- Where the woman lives or has at any stage lived, in a domestic relationship,
- With the respondent (e.g., husband, in-laws, or partner),
- It may be owned or rented, jointly or solely by the respondent or any family member.
It does not require ownership or title in the name of the woman to claim residence.
Significance of Section 17
- It protects the woman from being thrown out of the home during or after a domestic dispute.
- Ensures residential security, which is crucial for her dignity, safety, and well-being.
- Prevents retaliatory eviction by the abuser in cases of domestic violence.
Conclusion
Section 17 affirms a woman’s fundamental right to shelter in her matrimonial or shared home, making it a cornerstone of the Domestic Violence Act. It upholds the principle that no woman should suffer further injustice by being deprived of her home due to domestic abuse.