Legal Professionals in India Supporting Survivors of Violence

“Hello there! I’m here to provide you with a bit of information on Legal Professionals in India Who Provide Support to Survivors of Violence and how you can access support from them. I would like to remind you that suggestions on this post should not be taken as medical advice, legal advice, therapy, etc. or as a one-size-fits-all approach.  Keep in mind that every individual’s journey of  experiencing and navigating through stress or trauma is distinctive because you are one of a kind and no person is truly like you!  Experiencing abuse in any form is NOT OKAY, but what you are experiencing as a result of abuse is valid.  Please know that healing is not a formula and is not for anyone else to define for you. You do you, and you follow all that you need to follow, to help yourself. If you need additional resources or just someone to talk to, feel free to reach out to Imaara Foundation."

Written by: Ojas. P. Suresh

Every year, millions of people in India are affected by violence. The prevalence of gender-based violence (GBV) is highlighted by the National Family Health Survey (NFHS-5, 2019–21), which found that approximately 31.2% of women aged 18 to 49 have experienced physical or sexual violence (International Institute for Population Sciences [IIPS] & Ministry of Health and Family Welfare [MoHFW], 2021).

Survivors include women, men, children, and members of gender minorities who may experience harm in the community, at work, or through domestic violence or sexual assault. Access to justice requires the support of knowledgeable legal professionals who inform survivors about their legal rights and available remedies (Chakrabarti, 2021).

Legal professionals provide essential services to survivors. They help survivors understand their rights, file complaints, and navigate court proceedings. As part of their responsibilities, they also coordinate with social workers, police, and protection officers to ensure comprehensive support (Kumar, 2020).

Key Legal Professionals Supporting Survivors of Violence in India:

Professional/Authority	Role for Survivors
Attorneys (Advocates)	Represent survivors in civil and criminal cases, prepare legal arguments, file petitions, and protect survivors’ rights in court (Chakrabarti, 2021).
Legal Aid Authorities	Provide free legal services under the Legal Services Authorities Act, 1987, ensuring survivors who cannot afford private lawyers still get access to justice (NALSA, 2020).
Protection Officers	Appointed under the Protection of Women from Domestic Violence Act, 2005. They file Domestic Incident Reports, coordinate shelter/medical aid, and help survivors obtain protection orders (Kapur, 2018).

Categories of Legal Professionals Supporting Survivors in India:

Type of Legal Professional	Role for Survivors	Example/Specific Function
Criminal Attorneys	Represent survivors in criminal cases such as assault, harassment, or rape	Filing bail objections, guiding survivors through trial procedures (Chakrabarti, 2021)
Family Lawyers	Handle cases related to family law, including maintenance, custody, and divorce	Ensuring survivors receive protective orders and custody arrangements (Kapur, 2018)
Legal Aid Lawyers	Provide free legal assistance under NALSA for survivors unable to pay private counsel	Filing complaints and representing survivors in court (NALSA, 2022)
Human Rights Attorneys	Focus on abuses affecting vulnerable populations, including gender minorities	Filing human rights petitions and advocating systemic reforms (Sharma, 2020)
Child Rights Attorneys	Specialize in cases under the POCSO Act, 2012	Ensuring child survivors’ safety, privacy, and legal representation (POCSO Act, 2012)

Step-by-Step Legal Support for Survivors:

Steps	Point of Contact	Role in Supporting GBV Survivors
1	Police	File FIR, ensure immediate protection, provide access to medical assistance, and issue restraining orders if necessary
2	Protection Officers	Offer immediate legal and emotional support under the Domestic Violence Act (PWDVA, 2005)
3	Legal Aid Services	Provide free legal representation and assist with filing complaints (NALSA, 2022)
4	Lawyers (Private/Assigned)	Represent survivors in court, offer legal advice, and prepare cases (Chakrabarti, 2021)

“My legal aid lawyer was the first person who explained my rights clearly,” one domestic abuse survivor wrote. “I wouldn't have had the guts to appear in court without her” (Anonymous, as cited in Singh, 2021).

"We see many cases where men and gender minorities are also survivors of violence," said a Delhi-based legal aid attorney. In order for justice to be fully served, legal assistance must be inclusive. As cited in Chakrabarti (2021).

When assisting survivors of gender-based violence (GBV), solicitors often face numerous challenges. Legal practitioners must approach these cases with sensitivity and discretion, as survivors may hesitate to pursue justice due to social pressure or stigma. Court delays can further undermine survivors’ trust in the legal system, leading to frustration and, in some cases, the withdrawal of their cases. Additionally, many survivors are unaware of free legal aid programs, which contributes to unequal access to justice.

The quality of support may also be compromised if some attorneys handling GBV cases lack specific training in trauma-informed and survivor-centered practices (Kumar, 2020). Enhancing legal education, promoting expedited case resolution, and providing trauma-informed training for attorneys can improve survivor outcomes and help restore faith in the legal system (UN Women, 2021; National Legal Services Authority [NALSA], 2022).

Discussions about violence often focus on women and children; however, men and gender minorities are also affected. Using inclusive language, such as “violence against women, children, and other vulnerable groups, including men and gender minorities,” more accurately reflects reality. Ensuring that no one is excluded from protection enhances the effectiveness of legal guidance and support (Verma, 2022; United Nations Development Programme [UNDP], 2021).

Conclusion:

Legal professionals in India play a crucial role in helping survivors of violence navigate the complexities of the legal system. Survivors rely on the coordinated efforts of police, who maintain public safety and initiate legal proceedings, as well as protection officers, legal aid lawyers, prosecutors, and judges, to receive the justice and protection they are entitled to. However, the system functions effectively only when all actors understand their roles and carry them out responsibly and sensitively.

Promoting inclusivity is essential to make the legal system more survivor-friendly, ensuring that everyone—including men, women, and gender minorities—has access to fair and compassionate legal support. Survivor experiences can also be improved by raising public awareness of free legal aid programs and by enhancing specialized, trauma-informed training for officers and attorneys. Ultimately, survivors should receive timely, respectful, and comprehensive legal assistance, enabling them to pursue justice and rebuild their trust in the legal system (Chakrabarti, 2021).

Want the references for this article?

• Chakrabarti, A. (2021). Gender-based violence and access to justice in India. Indian Law Review, 5(2), 145–162.

• International Institute for Population Sciences (IIPS) & Ministry of Health and Family Welfare (MoHFW). (2021). National Family Health Survey (NFHS-5), 2019–21: India report. IIPS. https://main.mohfw.gov.in/basicpage-14

• Kumar, P. (2020). The role of legal professionals in protecting survivors of violence. Journal of Indian Legal Studies, 12(1), 33–49.

• Kumar, S. (2020). Legal responses to gender-based violence in India: Gaps and reforms. Journal of Indian Law and Society, 11(2), 45–59.

• Mehta, R. (2019). Pathways to justice for survivors of violence. Indian Journal of Human Rights, 8(3), 201–217.

• National Legal Services Authority (NALSA). (2022). Annual report 2022: Ensuring access to justice for women and marginalized communities. NALSA. https://nalsa.gov.in

• Protection of Children from Sexual Offences (POCSO) Act, No. 32, Acts of Parliament (2012).

• Singh, R. (2021). Access to legal aid for survivors: Experiences and challenges. Social Justice Review, 14(2), 99–114.

• UN Women. (2021). Access to justice for survivors of gender-based violence in Asia and the Pacific. UN Women. https://asiapacific.unwomen.org

• United Nations Development Programme (UNDP). (2021). Addressing violence against men and gender minorities: Towards inclusive justice systems. UNDP. https://www.undp.org

• Verma, R. (2022). Inclusive approaches to gender-based violence in India’s legal system. Indian Journal of Law and Gender Studies, 14(3), 112–126.

• Verma, S. (2022). Inclusive justice: Recognizing gender minorities in law. Law and Society in India, 9(1), 67–83.