Abstract:
The “home” forms a central part of life and it finds relevance in various
other legal spheres. However, for such a central point of reference in law
and everyday life, it still remains a somewhat vague notion without any
discernible meaning in law. Due to the centrality of the home in law and
everyday life, it seems necessary to have a coherent understanding of it.
Various legal writers and judgments have acknowledged the
underdeveloped nature of home in law and have broadly attempted to give
home a space in law. Unfortunately, these interpretations of the home fall
short and do not encompass all the positive values of home. This article,
therefore, considers how gender factors affect the understanding of home
and how the law holds some power to structure and restructure gendered
relations which stand in the way of achieving a positive interpretation of
the home.