Shelter Homes, Legal Aid, and Counselling: Support Services under the Act – Are They Enough?
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Written By – Khushi Jain
Behind every case of domestic violence is a woman seeking not just justice, but also safety, support, and dignity. The Protection of Women from Domestic Violence Act, 2005 doesn’t just talk about punishment—it talks about healing. It promises shelter homes, legal aid, and counselling as lifelines for women trying to escape abuse and rebuild their lives.
But here’s the question:Are these lifelines truly reaching them?
🔹 Shelter Homes
Take shelter homes, for instance. While the law says that a woman facing abuse can request shelter without a court order, many don’t know this. Even when they do, shelter homes are often overcrowded, unsafe, or simply unavailable—especially in rural areas. For a woman fleeing violence, finding a safe space should be immediate, not another struggle.
🔹 Legal Aid
Then there’s legal aid. The Act ensures free legal help, but in practice, the system is under-staffed, under-trained, and often under-aware. Many women end up facing their abuser in court alone or are represented by someone who doesn’t truly understand the trauma they carry.
🔹 Counselling
And counselling? The law allows courts to recommend counselling, but mental health support remains one of the most neglected aspects. Qualified, empathetic counsellors are few, and stigma still silences many women from seeking help for the emotional scars they bear.
The truth is: these services exist on paper, but not always in practice. Protection Officers and service providers are meant to act as bridges between victims and support, yet they too face challenges—lack of training, low resources, and administrative delays.
So, are we doing enough?
This article explores not only the provisions under the Domestic Violence Act but also the lived realities of survivors—the gaps between what the law promises and what women actually receive.If we are to stand by survivors in the truest sense, we must move beyond policy and into compassionate, efficient, and survivor-centered implementation.
Recent Supreme Court Intervention
Recently, the Hon’ble Supreme Court gave seven directions in the case of “We the Women of India v. U.O.I.” related to this Act. This case was raised by Senior Advocate Shobha Gupta, representing an NGO.
She contended that service providers and protection officers are overburdened, as several states were assigning responsibilities under this Act to officials who were already handling the Integrated Child Development Scheme, which includes child welfare duties. They were unable to manage both effectively.
Seven Directions Issued by the Supreme Court:
State Governments need to appoint officers working in the Department of Women and Child Development.
These officers must be appointed within 6 weeks.
States must spread awareness about the provisions of the Act and implement Section 11, involving Protection Officers and Judicial Officers.
The Central Government must take adequate steps with the protocols of relevant Ministries.
Free legal aid must be provided under Section 9(d) of the Domestic Violence Act, read with Section 12 of the Legal Services Authority Act, coordinated by NALSA and State/UT Secretaries.
Member Secretaries at the District, State, and Taluk levels must give adequate publicity to this support.
Shelter homes must be identified, notified, and, if unavailable, created within 10 weeks—verified and made accessible to victims.
Supporting Judgments:
Nilakanta Malakar @ Santo v. State of Assam (2022)Hon’ble Gauhati High Court held that a Domestic Incident Report is not compulsory for initiating proceedings under Section 12 of the Act. The court can also pass ex parte orders for monetary relief.
Shome Nikhil Danani v. Tanya Banon Danani (2019)Hon’ble Supreme Court held that relief under the Domestic Violence Act can still be sought even after obtaining maintenance under Section 125 of CrPC (now Section 144 of BNSS).
Kamatchi v. Lakshimi Narayan (2022)The limitation period under Section 468 of CrPC does not apply to applications under Section 12 of the Domestic Violence Act.
The Ground Reality
For a woman escaping violence, sometimes all she needs is a safe room, someone to hear her story, and a hand to help her stand again. The Domestic Violence Act promises these things—shelter, legal aid, counselling. But too often, these promises feel like distant words, tucked away in legal documents while survivors are left waiting.
A shelter home that doesn’t exist nearby, a lawyer who doesn’t show up, a counsellor who isn’t trained—these aren’t just gaps in a system. These are cracks through which women fall, again and again.
The Way Forward
Policymakers may count shelter homes, but for a woman in crisis, what matters is whether she can actually reach one, feel safe, and be treated with dignity.
If we want the law to mean something—really mean something—we have to go beyond paperwork. A shelter home on paper does not mean safety in reality.
The government must invest more—both financially and emotionally.
Officials need real, ongoing training—not just rulebooks, but empathy.
Every shelter home must be safe, staffed, and regularly monitored—not just listed on a register.
Availability vs Accessibility
It’s all about the availability versus the accessibility of shelter homes.
Availability means the shelter homes exist.
Accessibility means women can actually reach, use, and benefit from them—safely and without barriers.
Because every woman deserves more than survival.She deserves safety, dignity, and the chance to rebuild her life—With the law by her side, not just in theory, but in truth.
