counselling under Domestic violence Act
What is the objective of counseling? At what stages can
counseling be done?
Section 14 of the PWDVA allows the Magistrate to give an order
for counseling, to be undergone either singly or jointly by the
parties, at any stage of the proceedings. At the commencement
of legal action, the aggrieved woman and the perpetrator are in
an unequal situation. Hence no joint counseling maybe possible
in that situation, without the risk of further disempowering the
AP. Counselling can take place at the pre-litigative and litigative
stages of proceedings. At the pre-litigative stage, counseling
would aim at restoring the aggrieved woman’s self esteem, dignity,
provide psychological support to her and facilitate her to decide
whether or not to pursue a legal recourse. At the litigative stage,
counseling would be aimed at getting the perpetrator to give an
undertaking not to inflict further domestic violence. This form
of counseling is important in re-establishing “basic trust and a
sense of safety” for the woman facing domestic violence.
