Introduction: Why ‘Home’ Matters
For many women suffering domestic violence in India, the fight is not just for safety, but for the right to a home—a space where dignity and independence can flourish. The Protection of Women from Domestic Violence Act (PWDVA), 2005 was designed to safeguard such women, promising not just legal protection but a secure place to call their own. But in reality, the path to exercising this right is often tangled in emotion, conflict, and bureaucracy.
The Promise: Section 17 & 19 of the DV Act
At its heart, the DV Act recognizes that every woman in a domestic relationship has the right to reside in the shared household, whether or not she owns it. This is radical—no longer can a husband or his family forcibly evict her just because her name isn’t on the property papers. A Magistrate, upon finding evidence of violence, is empowered to pass residence orders that:
The Human Reality: Hurdles and Heartbreak
But laws, no matter how well-intentioned, meet messy realities. Women report that enforcing their right to residence is fraught with obstacles—from resistance by in-laws, to stigma, to reluctant police and clerks. Shelter homes are often overcrowded, legal advice is confusing, and many survivors hesitate to act for fear of reprisal or social isolation. Sometimes, courts themselves are slow, and support systems feel fragmented—making the very idea of a ‘safe home’ elusive.
How Courts Are Interpreting ‘Home’—And Why It Matters
Courts have clarified that this right is anchored in an existing domestic relationship. If a marriage is dissolved, as per Delhi High Court’s 2025 judgment, the right to residence may lapse—unless another law offers protection. This can be a shock to many: the legal home is tethered not to bricks and mortar, but to relationships. Judges have also recognized live-in relationships, provided they meet certain criteria: duration, shared finances, and emotional commitment. This helps modern families, but still leaves many women navigating gray legal areas.
Voices From the Ground
NGOs working in urban settlements say survivors need more than a legal order—they need empathy, urgency, and a coordinated safety net. One counsellor recounts a woman who, even after securing a residence order, struggled to enforce it as local officials ignored her plight. Others recall women forced to leave their homes for lack of support, losing not just shelter but their community.
The Way Forward: Reform Rooted in Reality
True justice means more than words on paper. Faster case handling, trained protection officers, and true community support are critical. Judicial sensitivity and local empathy can transform the law from theory into lived hope—a chance for survivors to claim not just a house, but a home and a future
