Section 14 of the Protection of Women from Domestic Violence Act, 2005 – Counselling
Section 14 of the Protection of Women from Domestic Violence Act, 2005 empowers the Magistrate to direct counselling for the aggrieved woman, the respondent, or both. The provision aims to resolve conflicts and promote emotional healing through professional guidance alongside legal proceedings.
Power of the Magistrate
The Magistrate may, at any stage of the proceedings, refer the parties to a qualified counsellor. This step is taken if the court believes counselling could help improve understanding, address underlying issues, or assist in reconciliation, where appropriate.
Role of the Counsellor
Counselling must be conducted by a trained and experienced professional, ideally associated with a service provider or working under the guidance of a Protection Officer. The counsellor provides a neutral space for dialogue and may submit a report to the Magistrate, which can be considered during the case.
Safeguards and Scope
Counselling is not mandatory reconciliation and should not compromise the woman’s right to seek legal reliefs like protection, residence, or maintenance. It is a supplementary process to facilitate healing, not a replacement for judicial remedies.
Conclusion
Section 14 ensures that psychological and emotional aspects are considered in domestic violence cases while safeguarding the legal rights of the aggrieved woman. It encourages resolution through counselling without undermining legal protections.