THE DYNAMICS OF COUNSELLING AS A VICTIM MANAGEMENT STRATEGY IN CASES OF DOMESTIC VIOLENCE IN INDIA

Abstract

Purpose of the study: The purpose of the study is to bring forward the ground realities regarding the practice of counselling which was considered to be a sine qua non under the Protection of Women from Domestic Violence Act, 2005. The study reveals the actuality of how counselling remains an alien concept to the victims of marital abuse indicating that counselling is rarely done by the Protection Officers and as a consequence, the victims remain both ignorant as well as fail to reap the benefit of this method of resolution.
 Methodology: A plausible combination of doctrinal and empirical research is adopted. Doctrinal and empirical research involves in-depth study and analysis of available information in an attempt to explain the complex phenomenon. Through comparative analysis, proper reasoning has been tried to be brought to decode the practice of counselling in various states of India. The empirical research involves data collection from four different stakeholders such as; Judiciary, victims and Public. Modus operandi: Observation, questionnaire, interviews.
 Result: Through this paper, the authors have brought out the reality behind the policymaking and the implementation aspect of the Protection of Women from Domestic Violence Act, 2005, in the State of West Bengal. The research was conducted throughout six districts of West Bengal, especially focusing on the method of ‘counselling.’ The result that came out of the study revealed the lack of awareness of the victims about the practice of counselling’ and also that ‘counselling’ being the least favored relief granted by judicial officers. While on the other hand, the data on protection officers revealed their belief in the practice of ‘counselling’ which according to them helps in curbing the menace of domestic abuse.
 Implications: The study brings to light the gap between the provisions of the law under the PWDVA, 2005, and its practice in actual cases, particularly in West Bengal and requires a re-visit by the policymakers to reconsider the grand ideas set out in the Act and their practical implementations in our society.
 Novelty: The study was conducted in six districts of West Bengal, and is a first of its kind. The questionnaires have been prepared by the authors themselves and the answers have been obtained by personal visits to all the stakeholders mentioned in the article. A research of this kind has not been conducted previously in the State of West Bengal, making the data collection and analysis original. Apart from the field research, the researchers have referred to various primary and secondary documents to understand the background of the phenomenon of domestic abuse, for which reference has been given.