Theme: Crimes & Violence

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.

Guidelines for Arrests in Cruelty and Dowry Cases

To prevent arrests from frivolous cases and misuse of the law on cruelty and dowry cases, the Supreme Court of India has issued certain guidelines for the police to follow while investigating cases of cruelty. This was later issued as an advisory circular by the Ministry of Home Affairs.

Police

  • The police should not arrest the husband or the relatives automatically when a case of cruelty is filed.
  • They need to have satisfactory reasons for the arrest without a warrant.
  • All police officers need to be provided with a checklist containing specific procedures to be followed. Police should forward duly filled check list with reasons and materials which necessitated the arrest to Magistrate while producing the accused for further detention.
  • The decision of the police not to arrest a person accused of cruelty should be forwarded to the Magistrate within two weeks from the date of the filing of the case against the person.
  • Police officers who fail to comply with these directions will be liable for departmental action and will also be punished for contempt of court by the High Court.

Magistrate

  • The Magistrate must authorise the detention of the accused person only after he has read the reasons of the arrest in the police report and is satisfied that such reasons are valid.
  • If the concerned judicial magistrate authorises detention without recording reasons as mentioned above, they shall be liable for departmental action by the appropriate High Court.

Facing Violence during Theft

If someone uses violence, with the use of weapons or not, while stealing, the punishment is higher. Under the law, this is called robbery. The punishment for robbery is(( Section 392, Indian Penal Code, 1860)) jail time of up to 10 years and a fine.

When the thief voluntarily causes/attempts to cause death to you, restrains you,  hurts you, or causes you to fear any hurt, then this is a crime of robbery.

Even if the violence happens while committing the theft, in order to commit the theft, attempting to or carrying away stolen items, it is still a crime of robbery.

If you have faced a violence while theft, read here to understand the steps/options you can take to complain.

Recording a Child’s Statement on Sexual Abuse

Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

While recording a child’s statement on the abuse, the police should do the following((  Section 24, The Protection of Children from Sexual Offences Act, 2012.)):

  • The child’s statement should preferably be recorded by a woman police officer not in uniform.
  • It should be recorded at the child’s home or any place they feel comfortable.
  • It should be recorded in the language spoken by the child.
  • It should be recorded in the presence of a trusted adult and/or an expert, interpreter, translator, or social worker.
  • The child’s medical examination should be done within 24 hours in the presence of the parents or a trusted adult.
  • Frequent breaks should be taken while the child is narrating the incident. The child shouldn’t be rushed while recording the statement.
  • The police should use audio or video recording devices, if available.
  • The police officer should read out the recorded statement to the child.
  • The child/parent should get a copy of the statement.

The Magistrate must do the following while recording a child’s statement((  Section 26, The Protection of Children from Sexual Offences Act, 2012.)):

  • The child’s statement must be recorded in the presence of the parents or any other person whom the child trusts.
  • The Magistrate can take the help of a translator or an interpreter while recording the child’s statement.
  • If the child has a mental or physical disability, the Magistrate can take the assistance of a special educator or any other expert.
  • The Magistrate can ensure that the statement of the child is recorded on camera.

Insulting Religion

If someone intentionally and with malice, says or writes something that insults your religion or religious beliefs, it is considered a crime under the law. For example, if someone insults your religion by calling it unpleasant names through a Facebook post.

These acts are punishable with jail time  of up to three years or a fine or both.1 

  1. Section 295A, The Indian Penal Code. [↩]

LGBTQ+ Persons Arrested By the Police

When police officers want to arrest you for any crime or suspicion of any crime, they may come to your location and arrest you. While arresting you, the details of the arrest, place of arrest, time of arrest etc will be written down in an Arrest Memo. They may:

Regardless of your gender or your sexual orientation, you have rights under the law while being arrested.

If you are a woman or a trans woman, then there are specific rights that you have while being arrested. For example, a lady constable has to be present when a woman is being arrested. Click here to understand what these rights are.

How can you File a Criminal Complaint for Domestic Violence?

In addition to filing a case for domestic violence, where you can seek, among other things, protection or monetary relief, you can also(( Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736.)) file a criminal case with the Court against the harasser if the violence you faced is severe. By filing a criminal case, the harasser would be punished for the act of violence committed with jail-time and a fine. Your lawyer must inform the Court that both the cases have been filed(( Sirajuddin Khan @ Siraj v. Dr. Shahnaz Firdous M.Cr.C NO. 10341 OF 2011.)).

Before filing the criminal case, you will have to go to the police station and file an FIR. You can file an FIR with the police using Section 498A of the Indian Penal Code, 1860.

A criminal case can be filed for the following reasons(( Section 498A, The Indian Penal Code, 1860.)):

  • If the harasser drives a woman to commit suicide(( Rupali Devi v. State of U.P & Ors. (2019) 5 SCC 38.)) .
  • If the harasser causes or tries to cause any grave injury to the woman or danger to the life or health of a woman.
  • If the harasser affects the mental health of a woman to such a degree that it is a danger to her life.
  • If the harasser through any words or physical actions causes any mental stress or psychological distress to the woman(( Rupali Devi v. State of U.P & Ors. (2019) 5 SCC 38.)).
  • If the harasser forces a woman to give dowry or unlawful demand for any property or valuable security.

If convicted by the Court for any of the crimes given above, the harasser will have to pay a fine to the Court and face imprisonment for up to 3 years.

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.

Cases of Dowry Death

When the death of a woman within 7 years of her marriage was unnatural, i.e. caused by burns or injuries which are not ordinary and she had also suffered from cruelty or harassment because of demands for dowry, it is assumed that the husband or the relatives of the husband committed the crime of cruelty.

Death by suicide is also considered as a form of unnatural death.

If the above facts exist then the court will assume that the accused has committed the offence. The accused will then have to prove that she or he did not commit the offence.

The punishment for this crime is jail time up to 3 years along with a fine

Police Complaint against Child Sexual Abuse

Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

When a person approaches the police to make a complaint against child sexual abuse, the following process will take place:

  • The police will make a written record of the complaint.
  • Based on the report, if the police believe that the child needs immediate care and attention, they will shift the child to a hospital or a shelter home.

On reporting the crime, a person who makes a genuine complaint does not have to worry about being pulled up in court if the offender is not convicted(( Section 19(7), The Protection of Children from Sexual Offences Act, 2012.)).

Account Takeover and Unauthorised Access

If someone takes over your online account, accesses your data or the hardware/software on your computer without your permission, that person is guilty of the offence of unauthorized access.1 For example, if someone gains access to your Gmail account without your permission. 

The offender is liable to pay you damages/compensation by way of a monetary amount not exceeding one crore rupees. However, it needs to be established that the offender accessed your account dishonestly.2

  1. Section 43(a), The Information Technology Act. [↩]
  2. Section 24 and 25, The Indian Penal Code, 1860. [↩]

Rights of LGBTQ+ Persons While Being Arrested

You are not supposed to be mistreated by police officers while being arrested based on your sexual orientation or your gender identity. So it is helpful to know the 5 rights you have under the law:

Ask police to identify themselves

You can ask the police to identify themselves by showing accurate, visible and clear identification along with name tags which state their designations.

Ask for the reasons for arrest

Even if the police do not need a warrant to arrest you, it is your right to know why you are being arrested and it is the duty of police officers to tell you why.

Ask the police to Inform your family and friends

When you are being arrested, before taking you away to the police station, you can choose any family member or friend to whom the police must inform about your arrest and where you are being detained. The police have a duty to inform your family or friends about your arrest. They have to  record the details of this person as an entry in the police diary and Arrest Memo.(( Joginder Kumar v. State of Uttar Pradesh (1994) 2 Crimes 106 (SC).))

Ask for a lawyer

You can ask the police to call your lawyer. If you do not have a lawyer or cannot afford a lawyer, then you can ask the court to appoint a lawyer for you.

Ask for medical check-up

  • Police officers have a responsibility to conduct a medical examination every 48 hours if you are in their custody.
  • You can ask to be examined for major and minor injuries on your body by a trained doctor.

This physical examination has to be recorded in the Inspection Memo and signed by the police officer. This is done to prevent violence by police while you are in their custody.

How can you file a complaint against domestic violence?

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

You or anyone on your behalf, can approach the authorities listed below to file a complaint against any domestic violence that you have been facing:

Police

Go to the Police Station 

You can approach the police station in your area, or any other police station, and file a complaint for domestic violence. The police will file a DIR/FIR and/or direct you to the Protection Officer of the district who will be able to help you out further.

Protection Officer

Approach the Protection Officer 

To file a complaint, the Protection Officer of the district will be the first point of contact for you. The Protection Officer will help you file a Domestic Incident Report (DIR), make applications to the Court to get you monetary relief, protection etc. A state-by-state list of Protection Officers is given here. If you cannot find the Protection Officer of your area, you can reach out to NGOs, civil society organizations and service providers who will put you in touch with one.

National and State Commissions for Women

Approach the National/State Commission for Women

National Commission for Women (NCW) is a national-level government organization that is empowered to investigate complaints related to issues faced by women, such as domestic violence, dowry harassment, rape, etc. The NCW will help you by:

  • Monitoring and expediting the investigations being led by the police.
  • Providing counselling or a hearing before the NCW, so that the dispute can be resolved between the two parties.
  • Constituting an Inquiry Committee which makes spot inquiries, examines witnesses, collects evidence and submits the report with recommendations regarding the domestic violence.

You can get in touch with them by either calling the helpline number 1091, or sending an email to ncw@nic.in or filing an online complaint. As the NCW is located in New Delhi, you can approach the State Commission of Women situated in your state, and ask them for help.

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.

Theft by Child

If a child commits theft, then the punishment for them is lighter than the punishment for an adult. This is usually what happens when a child commits theft:

  • A child may be arrested, but he cannot be kept in the jail – the police must present the child to the Juvenile Justice Board (JJB) within 24 hours(( Section 10, Juvenile Justice (Care and Protection of Children) Act, 2015)).
  • If the police does not release the hold immediately on bail, the child can only be kept in an Observation Home(( Section 12, Juvenile Justice (Care and Protection of Children) Act, 2015.)) until he is  taken to JJB (within 24 hours).
  • The police are  supposed to inform a Child Welfare Officer who is supposed to accompany the child to the JJB for the first hearing(( Rule 8(2)(iii), Juvenile Justice (Care and Protection of Children) Model Rules, 2016.)).

JJB is supposed to finish the enquiry within 4-6 months, and the case is terminated if it extends beyond that(( Section 14, Juvenile Justice (Care and Protection of Children) Act, 2015.)).

If you have faced theft by a child, read here to understand the steps/options you can take to complain.

Child-Friendly Court Process

Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

There are Special Courts set up to deal with child sexual abuse because of the sensitivity of the issue. Unlike normal Courts, these Courts are supposed to follow a special procedure to make sure that the child feels safe and comfortable.

If a child is the victim of sexual assault, the Special Court must ensure some child-friendly procedures for the child:

Ensuring the presence of familiar people through the legal process

The Court will allow the child’s family member/relative/friend or guardian to be present with them during the trial(( Section 33(4), The Protection of Children from Sexual Offences Act, 2012.)).

Ensuring that the legal process is not strenuous for the child

The Court will:

  • Allow frequent breaks for the child during the trial(( Section 33(3), The Protection of Children from Sexual Offences Act, 2012.)).
  • Not call the child to the Court repeatedly to testify(( Section 33(5), The Protection of Children from Sexual Offences Act, 2012.)).
  • In special circumstances, the child need not come to Court and make statements. The Court will ask an officer of the Court to examine the child at their home. The Court can take the help of a qualified translator or interpreter or special educator when recording the child’s evidence.(( Section 19 and 38(1)(2), The Protection of Children from Sexual Offences Act, 2012.))
  • Try and ensure that the evidence is recorded within 30 days and the trial is completed within one year(( Section 36, The Protection of Children from Sexual Offences Act, 2012.)).

Protecting the child from the accused and the public

  • The Court  must ensure that the child is not exposed to the accused in any way during the trial. However, the accused can hear the child’s statement. Some examples of how Courts do this include one-sided mirrors, curtains or through a video call(( Section 36, The Protection of Children from Sexual Offences Act, 2012.)).
  • The Court must have private court proceedings so that the media cannot report about the happenings in Court(( Section 37, The Protection of Children from Sexual Offences Act, 2012.)).

Questioning of a Child

Due to the sensitivity of the issue and for the  protection of the child, the lawyer of the accused is required to conduct the court process in a certain manner.

  • The lawyer cannot question the child directly. The lawyer will present the questions to the Special Court which will then question the child(( Section 33(2), The Protection of Children from Sexual Offences Act, 2012.)).

The lawyer cannot question the character of the child, for example,  by saying that the child has a history of lying to their parents(( Section 33(6), The Protection of Children from Sexual Offences Act, 2012.)).

Custodial Harassment of LGBTQ+ Persons by Police

If you are arrested, you will be in the custody of the police at the police station for 24 hours, till they take you to the nearest Magistrate (Court). They can keep you for 15 more days only if they get the permission of the Magistrate.(( Section 167, CrPC.)) You may face harassment/violence in many ways such as:

  • The police may harass you or intimidate you into admitting a crime that you may not have committed while you are in police custody.(( Section 163 CrPC; Section 330 and Section 503, Indian Penal Code.)) This is a crime under the law for which the police officers may face jail time and a fine.
  • Police officers may physically hurt you while you are in custody. You should complain about the incident to your lawyer who will be able to help you.
  • If the police sexually assault you or rape you, you should file an FIR against the police officers as this is a punishable crime under the law for which the officers will face jail time and a fine.(( Section 376 (2), 376 B and D, India Penal Code, 1860.)) You will have to file an FIR with the help of Section 376(2), 376 B of the Indian Penal Code, 1860.

During the time you are in the custody of the police, to prevent any form of harassment or if you face any harassment by the police, these are some of the steps you can take :

Ask for a lawyer

You have a right to request for a lawyer from the time you are arrested, and to prevent any violence while you are in custody, it would be helpful to have a lawyer present with you.

Complain to the SP of the police station

Write a written complaint to the Superintendent of Police (SP) of the police who may look into the matter. The SP may look into the matter.

Complain to the Magistrate 

Since the police officer has to mandatory take you to a Magistrate within 24 hours of your arrest, you can file a ‘private complaint’ with the help of your lawyer directly with the Magistrate. You can give details of the harassment and violence you faced while you were in police custody.

Who can You Complain against for Domestic Violence?

You can complain against both men and women for domestic violence. You can complain against the following:

  • Your family: You can complain about your family, if they are subjecting you to domestic violence, in the following circumstances:
    • If you are related to the harasser by blood, you can file a case against them. For example, your father, brother, etc.
    • If you are related to your harasser by marriage, you can file a case against them, such as your in-laws, husband, etc.
    • If you are related to your harasser by virtue of living together as a joint family, you can file a case against them. For example, your grandmother, uncle, adopted brother, etc. However, you can complain only against those who were complicit in the violence.(( Ashish Dixit v. State of UP & Anr. (2013) 4 SCC 176.)) For example, if you live in a joint family with ten people, and only your mother-in-law and husband subjected you to violence, you can complain only against them.
  • Your live-in partner: If your live-in partner hurts or abuses you, you can file a complaint against him.
  • Minors: You can complain against a minor who is subjecting you to domestic violence.(( Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165.)) For example, if a 16 year old boy in your family is physically hurting you, then you can file a complaint for domestic violence.

While going to Court, keep in mind that you must have been subjected to domestic violence by someone with whom you have shared not only a domestic relationship but also shared a household.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence 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.

False Reports or Complaints for Child Sexual Abuse

Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

It is illegal to falsely complain about child sexual abuse or provide false information against another person alleging that they have sexually abused a child if they haven’t done so. The punishment for doing this is  jail time of one year and/or a fine(( Section 22(3), The Protection of Children from Sexual Offences Act, 2012.)).

If the false complaint or false information is made with the intention to humiliate, extort, threaten, blackmail, or defame someone, the complainant can be punished with either a jail time of 6 months and/or a fine(( Section 22(1), The Protection of Children from Sexual Offences Act, 2012.)).

However, if a child makes a false complaint or provides false information, the child cannot be punished(( Section 22(2), The Protection of Children from Sexual Offences Act, 2012.)).

Getting Bail for LGBTQ+ Persons

When you are arrested, you have the right to apply for bail regardless of your gender identity or your sexual orientation. This right is dependent on the kind of crime you have been arrested for:

In Cases of Bailable Crimes

If the kind of crime you are arrested for is a bailable offence, then you have a right to apply for bail to the Court and the same will be granted to you.

In Cases of Non-Bailable Crimes

In cases of non-bailable offences, bail is granted to you upon the discretion of the Court, and it will be given to you only in specific circumstances. In such cases, the Court may ask you for a higher bail amount as bond.

What is the Time Limit to Complain against Domestic Violence?

There is no specific time limit(( Vikas and Ors. v. Usha Rani and Ors. 2018 (3) RCR (Criminal) 307.)) for filing a complaint against domestic violence, but you must be able to prove that you were in a domestic relationship with the harasser at the time the violence took place. However, if there is a delay in complaining against the domestic violence that you have faced, you might be asked to explain the reasons behind the delay.

Given below are some specific situations where you may file a complaint against domestic violence:

Complaining for Acts before 2005

Though the law(( V.D.Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) on domestic violence came into force in 2005, the law allows you to file an application for relief and/or protection even against any domestic violence that happened before 2005. If you are a woman who faced violence before 2005,  you would still be entitled to protection under the law and you can approach the Court to file a case. For example, if a woman, Sita, faced domestic violence from her mother-in-law in 2001, she would still be eligible to go to Court to file a domestic violence case , even if the law on domestic violence came into force after she had already experienced domestic violence.

Complain after Divorce

You can file a complaint against domestic violence even if you are already divorced(( Smt.Sabana @ Chand Bai & Anr vs Mohd.Talib Ali & Anr 2014 (2) RCR (Criminal) 293.)). For example, Seema got married in 2012 and for two years she faced physical violence from her husband. She divorced her husband in 2014. Seema has a right to file a domestic violence case after 2014 against her ex-husband for hurting her during the two years she was married to him. This is because at the time she faced domestic violence, she was in a domestic relationship with the harasser i.e. her husband.

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.

What is a Domestic Incident Report?

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

Domestic incident report (DIR)((Section 2(e), The Protection of Women from Domestic Violence Act, 2005.)) is a report that is made on receiving a complaint of domestic violence from a woman. This report can be made by either a Protection Officer or a service provider. The DIR will contain details such as your name, age, details of the harasser, details of the incident of violence that happened, etc. To file a DIR, you can approach any of the following officers/persons:

Protection Officer

A protection officer upon receiving a complaint has to fill the DIR and inform you of your legal rights under the law. You will also get a free copy of the DIR to keep with you. Afterwards, the protection officer will send the Domestic Incident Report and an application to the Court to start a case. The DIR will also be forwarded to the police station or Service Providers.

Service Provider

A service provider upon receiving a complaint has to fill the DIR and put you in touch with a Protection Officer or send it to the Court(( Section 10 (2) (a), The Protection of Women from Domestic Violence Act, 2005.)). If you have been injured, a service provider will help you get a medical examination done and the report will be forwarded to the Protection Officer or police station. They also help you get in touch with shelter homes where you can stay away from the harasser.

Police Officers

If you cannot find a Protection Officer or a service provider, you can approach the nearest police station to file a complaint. The officers will put you in touch with a Protection Officer and give you the option of filing the following:

  • FIR (First Information Report)

By filing a First Information Report, a criminal case can be initiated against the harasser. The police will give you the option of filing an FIR at any point if you want to pursue a criminal complaint(( Form I(8), Section 2(e), The Protection of Women from Domestic Violence Act, 2005.)).

  • DIR (Domestic Incident Report)

If you do not want to initiate criminal proceedings by filing an FIR then the police officer has to make a daily diary entry about the domestic violence you faced, and enter details per the DIR forwarded to the police by the PO. If such information is not available, the police will put you in touch with a Protection Officer to file a DIR and get this information for the daily diary.

Person-in-charge of Medical Facilities 

If you have approached a medical facility and have not yet filed a DIR, the person-in-charge of the medical facility must file a DIR, and forward it to the Protection Officer.

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.

What is the Role of a Protection Officer?

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

If you decide to file a domestic violence complaint, a Protection Officer (PO) is generally the first point of contact for you. Anyone, including someone you know, can visit, call, or write to a Protection officer in your district or an area nearby to complain against the violence and seek protection. To find a PO, you can:

  • Go to the nearest police station and ask them to put you in touch with a PO.
  • Call or go to the Department of Women and Child Development in your district.
  • Approach the National/State Women Commission. A state-by-state list of Protection Officers is available here.
  • Approach an NGO or a service provider.

Your complaint will be written down by the PO and you can ask for a free copy of this complaint to keep with you. Protection officers will help you(( Section 9, The Protection of Women from Domestic Violence Act, 2005.)):

File a complaint

The PO will help you file a Domestic Incident Report 2(DIR) which is a special report for cases of domestic violence which will have all the details of the harasser(s), the details of the victims, etc. They will also help you file a direct complaint with the Court and assist you in getting legal support.

Give Information to the police

The PO will forward a copy of the DIR as well as a copy of the medical report, if you were medically examined, to the police station located within the area where you faced violence. After this, the police will look into the matter and stop the harasser(s) from committing any acts of violence towards you(( Section 5, The Protection of Women from Domestic Violence Act, 2005.)).

Provide immediate protection and support

The PO will help:

  • Prepare a safety plan for you which will specify the measures required for your safety, and the orders you are seeking from the Court.
  • Get you and/or your child medical aid from a medical facility in case you have any injuries.
  • Put you in touch with service providers who will assist you with legal support, counseling, medical facilities, shelter homes, etc.

Inform you of your legal rights

The PO will discuss with you the different kinds of domestic violence with you to understand what you have been through. This will be recorded in the DIR. Afterwards, the PO will inform you of the rights and remedies you are entitled to under the law after filing a complaint.

Support you through Court processes

Protection Officers will:

  • Help you gain access to free legal aid through the District Legal Aid Services Authority.
  • Ensure that you and your children are not victimised or pressurised during the Court proceedings by the harasser.