Optional Grouping: Help & Support

What is Counseling under Domestic Violence law?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

Counseling refers to the provision of professional guidance by a counselor, who will help you and your harasser settle the matter of the domestic violence you have faced, furnish a guarantee that violence will not repeat, and come up with the best possible solution to the problem of domestic violence. The Court can pass an order to either the harasser or you to undergo counseling, either alone or together, with a service provider or a counselor appointed by the Court.

A counselor cannot be:

  • Any person who is connected to the case, or any person who is related to you or your harasser unless both you and the harasser consent to this(( Section 13(2)(i)(ii) and 13(3), The Protection of Women from Domestic Violence Act, 2005.)).
  • Any lawyer who has appeared for the harasser in the case.

If you are uncomfortable with the counselor for any reason, you can ask your lawyer to inform the Court who will look into the matter.

Role of the Counselor

A counselor’s role is to:

  • Set up a meeting either alone with you or together with the harasser at a place convenient for you and the harasser(( Section 14, The Protection of Women from Domestic Violence Act, 2005.)).
  • The Counselor has to conduct the counseling proceedings with the aim of making sure that the domestic violence does not repeat. The Counselor may take an undertaking(( Section 14,(6) The Protection of Women from Domestic Violence Act, 2005.)) from the harasser stating that he:
  • Will not commit any further domestic violence.
  • Will not try to meet or communicate in any manner through letter, telephone, electronic mail or through any medium except in the presence of the counselor in a manner allowed by a judge.
  • If you decide that you want to settle the matter and end the case, you can tell the Counselor, who will make an effort to come up with the best possible solution for everyone involved.

In the process of counseling, the harasser is not allowed to justify any reasons for subjecting you to domestic violence. After the counseling is over, the counselor has to submit the report regarding the counseling session(s) to the Court as soon as possible so that the Court can take further action, and set a date for hearing the case, within 2 months. If a settlement is not arrived at, the Counselor has to report the reasons to the Court.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

Helplines for LGBTQ+ Persons

There are several government helplines, which help by not only giving information, but supporting you through legal processes and putting you in touch with authorities. The following list provides the contact details of the national helplines across India, for the categories mentioned below:

For Violence and Harassment

If you have faced any harassment or violence or you know someone who has, you can contact the following helplines:

Police 

Anyone regardless of their gender or sexual orientation can call this helpline. You can call 100 to seek immediate help from the police. After describing your location, a police unit will be sent to you for further assistance.

National Commission for Women, Police Helpline: 

You can call this helpline only if you are a woman or trans woman. You can complain about any kind of violence you have faced including sexual offences, domestic violence etc. These are the steps you should take:

Step 1: Call 1091

Step 2: Describe the crime in detail

Step 3: Give your location and contact number

The police will then be sent to your location to assist you and stop the harasser. If you are a trans woman, it is better to take the assistance of NGOs or lawyers, so as to prevent any harassment from police officers themselves while filing an FIR.

Missing Persons and Kidnapping

Deputy Commissioner Of Police (Missing Persons):

This helpline helps track missing persons regardless of gender. You can take the following steps:

Step 1: Call 1094.

Step 2: They will ask for the phone number of the missing person.

Step 3: A phone number search is done on ZIPNET (Zonal Integrated Police Network) where they will trace the location of the missing person and contact the police.

Step 4: If they cannot locate the missing person, they will reach out to the police station to continue the search on the ground level.

Getting Help and Support for LGBTQ+ Persons

It is important to get help and support to protect yourself while complaining about any violence, discrimination or harassment you have faced. Some of the people you can approach are:

Legal Support

  • Approach a lawyer to help you with the complaint processes or if you have to go to Court.  If you cannot afford a lawyer, you can approach the District Legal Service Authority in your district for free legal aid. For example, Delhi Legal Service Authority.
  • If you cannot find a lawyer, then approach NGOs who will help you through the process of filing an FIR and put you in touch with lawyers.

Protection and Shelter

You can approach any NGO, civil society organization or institution that works for LGBTQ+ rights. They may be able to help you by:

  • Assisting you in case you are in trouble or if you need immediate help
  • Providing shelter, employment opportunities and counseling to help you overcome the problems you are facing.

Support while obtaining ID Proof

You can approach the MLA/MP of your area/constituency and ask for help. In many cases, they will direct authorities to help you out in the area you are facing trouble with.

Employment-Related Support

  • Approach the registered Trade Union in your office. They will be able to help you with your grievances at your workplace.

You can also approach NGOs or institutions who work on LGBTQ+ Rights who will be able to provide employment opportunities or put you in touch with people who can.