Conceptualising the home in law and gender

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.