- 19-Apr-2025
- Healthcare and Medical Malpractice
Children who witness domestic violence are often deeply affected by the psychological, emotional, and sometimes physical consequences of the abuse. While they may not be the direct victims of violence, witnessing such abuse can lead to severe trauma, anxiety, depression, and behavioral problems. In India, there are several legal, social, and psychological support systems available to help protect and assist children who witness domestic violence.
While the Protection of Women from Domestic Violence Act primarily focuses on protecting women, it also provides provisions that indirectly protect children who witness violence. The Act recognizes children as potential victims of domestic violence, particularly if they are exposed to abuse in the household.
Courts can include children in the scope of protection orders, ensuring that they are kept safe from any further harm caused by witnessing violence. Additionally, courts may also issue specific orders regarding the child’s welfare, including custody and visitation arrangements that protect the child from exposure to abusive behavior.
The Juvenile Justice (Care and Protection of Children) Act, 2015 provides legal protection to children who are at risk or have been exposed to abuse, including witnessing domestic violence. The Act ensures that children are not subjected to neglect or harm and mandates the establishment of Child Welfare Committees (CWCs) in every district to address the needs of children in distress.
Children who witness domestic violence can be referred to the CWC, which provides access to care, protection, rehabilitation, and psychological counseling services.
Children exposed to domestic violence often experience long-term emotional and psychological distress. Psychological counseling and therapy are critical for helping these children process their experiences and cope with the trauma. Several NGOs and child welfare organizations provide free counseling services, either at shelters or community centers, to support these children.
Specialized child therapists work with children to help them understand and deal with the effects of witnessing violence, often using play therapy, art therapy, or other child-focused techniques to support their emotional healing.
NGOs and Child Protection Agencies: Many organizations, such as Save the Children, Childline India Foundation, and National Commission for Protection of Child Rights (NCPCR), work to protect children who witness domestic violence. They offer shelter, counseling, legal advice, and educational support for affected children.
Childline (1098): This is a national helpline that provides immediate assistance for children in need, including those exposed to domestic violence. Children can call for help, and the helpline will direct them to relevant child protection services, including temporary shelter and legal assistance.
When domestic violence is part of a family dispute, children may be placed under the care of a non-abusive parent through family court proceedings. Courts consider the welfare of children as paramount and make custody decisions that prioritize their emotional and physical safety.
In cases where the child is at risk of continued exposure to violence, family courts can issue orders that limit or supervise visitation with the abusive parent, ensuring that the child is not subjected to further trauma.
While the POCSO Act primarily deals with the protection of children from sexual abuse, it can also be applied to situations where the child witnesses violence that may lead to psychological harm. The law mandates reporting of child abuse and guarantees that children receive support services and legal protection.
A child witnessing regular physical abuse by their father toward their mother can be severely impacted. Under the PWDVA, the mother may obtain a protection order that also protects the child from further harm. The child may then be referred to a counseling center where they receive therapy to help them cope with the trauma of witnessing the violence. Additionally, if the father continues to pose a risk to the child, family court may grant custody to the mother, ensuring the child's safety in a violence-free environment.
Children who witness domestic violence are entitled to protection and support under various legal and social provisions in India. The Protection of Women from Domestic Violence Act, Juvenile Justice Act, and other child welfare laws provide the necessary framework to ensure the safety, mental health, and well-being of children exposed to domestic violence. In addition to legal protection, children have access to counseling services, social support, and intervention programs to help them heal from the trauma caused by witnessing violence in the home.
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