Section 15 of the Protection of Women from Domestic Violence Act, 2005 – Assistance of a Welfare Expert
Section 15 of the Protection of Women from Domestic Violence Act, 2005 empowers the Magistrate to seek assistance from a welfare expert during proceedings. This provision acknowledges the emotional, psychological, and social dimensions of domestic violence cases, allowing for a more informed and victim-sensitive judicial process.
Legal Provision
Section 15 states:
“In any proceeding under this Act, the Magistrate may secure the services of such person, preferably a woman, whether related to the aggrieved person or not, including a person engaged in promoting family welfare, for the purpose of assisting him in discharging his functions.”
This allows the court to appoint a welfare expert who may or may not be related to the victim, with a preference given to women professionals.
Objective and Significance
- Supportive Environment: A welfare expert provides a supportive atmosphere for the aggrieved woman, encouraging her to speak freely.
- Holistic Understanding: The expert helps the court understand the psychological trauma, family dynamics, and social implications of domestic abuse.
- Balanced Judgment: The Magistrate can make more empathetic and fair decisions, taking into account the welfare of the woman and children, if any.
Who Can Be Appointed
- Social workers
- Counsellors or psychologists
- Family welfare officers
- NGO representatives experienced in women’s rights
Conclusion
Section 15 strengthens the justice delivery mechanism by involving welfare professionals in domestic violence cases. Their expertise ensures a comprehensive and victim-friendly approach, aiding the court in delivering just and sensitive outcomes.