In a major verdict that is expected to bring far-reaching salutary effects on lakhs of women in the country who are being subjected to post-marital domestic violence, the Supreme Court on Thursday said an estranged daughter-in-law has every right to live in her in-laws residence and as such can’t be thrown out, either by her husband or his family. This is a landmark judgement indeed and was much-needed at a time when domestic violence against women is not only increasing, but also getting innovative. The judgement is also significant in the sense it has overridden the two-judge verdict delivered by the court itself in 2007 when such a residential right was denied. From now onwards, at least a portion of lost smiles should return to the faces of these hapless women and it’s a matter of further delight to observe that the country’s judiciary at the highest level has changed its earlier views on the issue and come up with a just legal firewall that was needed to keep in congruence with the changing social setup, wherein hostility against women is increasing alarmingly.  

The verdict in a way is a reinterpretation of the vital sections of the much-discussed Domestic Violence Act 2005 -Sections 2 and 17 which deals with the sensitive aspects of ‘shared household’ and ‘right of residence’ of daughter-in-laws respectively. Giving contrary views on the earlier legal interpretation(s) of ‘shared household’ as defined in Section 2, the apex court has observed that it is quite exhaustive and as it’s spirit is to ensure residence to the victim women, any narrow interpretation(s) in this regard so far made had been unjust. Regarding Section 17, the court made it clear with the words: “every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.” Nothing can be more soothing than the above observations for those tormented women who suffer and exist with the constant phobia of getting thrown out from their in-laws’ homes.

Making a general observation of the prevailing state of domestic violence in the country, the top court has minced no words in calling a spade a spade. The bench remarked that despite being rampant, the crime of domestic violence, in various shapes and sizes, is the least reported one where the victims are either a daughter, sister, wife, mother, partner or even a single woman.

The judgement is a solid step forward in guaranteeing equal rights and privileges to the country’s women as enshrined in the Constitution. It must be implemented in letter and spirit in all relevant cases arising henceforth.

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Kenter Joya Riba

(Managing Editor)
      She is a graduate in Science with post graduation in Sociology from University of Pune. She has been in the media industry for nearly a decade. Before turning to print business, she has been associated with radio and television.
Email: kenterjoyaz@easternsentinel.in / editoreasternsentinel@gmail.com
Phone: 0360-2212313

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