Sections 14, 15 and 16 of the Domestic Violence Act: Counselling, Welfare Expert and In Camera Proceedings

Section 14 - Counselling

Under Section 14(1), the Magistrate may, at any stage of proceedings under the Act, direct the respondent or the aggrieved person, either separately or jointly, to undergo counselling with a member of a service provider who has the prescribed qualifications and experience.

Section 14(2) provides an important time safeguard. Where such a counselling direction is issued, the Magistrate must fix the next date of hearing within a period not exceeding two months.

Who is a counsellor?

The Protection of Women from Domestic Violence Rules, 2006 define a "Counsellor" as a member of a service provider competent to give counselling under Section 14(1). Rules 13 and 14 further regulate appointment and the counselling process. Among other safeguards, counsellors should, as far as possible, be women, and the counselling process operates under the general supervision of the court or Protection Officer or both.

Practical point: Counselling under the Act is a court-directed process governed by the Act and Rules. It does not by itself replace the Magistrate's responsibility to decide pending applications and grant relief in accordance with law.

Section 15 - Assistance of Welfare Expert

Section 15 allows the Magistrate, in any proceeding under the Act, to secure the services of a suitable person for assistance in discharging the Magistrate's functions. The provision states that such person should preferably be a woman and may be related to the aggrieved person or may be a person engaged in promoting family welfare.

The provision gives the Magistrate flexibility to obtain appropriate welfare-oriented assistance where the circumstances of a domestic violence proceeding call for it.

Section 16 - Proceedings to Be Held In Camera

Section 16 empowers the Magistrate to conduct proceedings under the Act in camera if two statutory considerations are present: the Magistrate considers that the circumstances of the case warrant it, and either party to the proceedings desires it.

In camera generally means that the hearing is conducted privately rather than as an ordinary proceeding open to the public. The provision is particularly relevant where privacy and the sensitive nature of allegations require restricted courtroom access.