New bill will give women security of residence

MUMBAI: Male chauvinists in Maharashtra may no longer be able to tell their wives to get out of the house. A bill, now before the state government for consideration, gives women security of residence.
The bill draft has been prepared by the Maharashtra State Women''s Commission, in consultation with legal experts, police and women''s and law groups including the Lawyers Collective and the organisation, Majlis.
Nirmala Samant Prabhavalkar, chairperson of the commission, told TNN that the instances of women being thrown out of the house was on the rise in the state and other parts of the country. Most of the cases in family courts and several complaints to the police pertain to this issue.
A large number of cases have occured after the husband brings another woman into the house. The destitute wives, called Parityakta in Marathi, have been banded together by Lal Nishan Paksha, Janata Dal and other organisations in the state. Ms samant explained that the bill will ensure that a husband or any other member of the family is not able to evict a woman from a house where she ordinarily resides.
The protection will also extend to minor girls, widows and adopted girls. The bill says that right of residence is accrued to a female by virtue of her birth in the family, marriage or adoption. Any person alleging that the woman or girl is not the resident of a particular house will have to prove this.
The victim need not appear in court in case of a dispute and can be represented by her well-wisher or guardian. The proposed bill is quite specific when it says ‘every woman shall have a right to enter, occupy and reside in the premises in a house where she ordinarily resides at all times.''
The police will be dutybound to register complaints of affected women and they will have the powers to arrest and detain the guilty person for no longer than 24 hours. The court will have powers to restore the right of residence of the victim and restrict the husband''s right to residence if proof of his cruelty is supplied.
If necessary the house can be partitioned to protect the right of the woman to residence. Even women,who are judicially separated from their husbands, can get a right to live in the house or else the husband will have to provide alternative accommodation to the victims.