The Jharkhand High Court on June 8 issued comprehensive directives to the state government to enhance the efficiency and effectiveness of responses in cases of sexual violence. These directives, part of the court’s order in Court on its Own Motion v. State of Jharkhand & Ors, aim to rectify systemic issues in handling such sensitive cases.
Key Directives from the Court
A Division Bench comprising Chief Justice MS Sonak and Justice Rajesh Shankar underscored the Supreme Court’s prohibition of the ‘two-finger test’ on victims. The court mandated the state to circulate binding circulars or Standard Operating Procedures (SOPs) to ban this test in all healthcare facilities, emphasizing mandatory training for doctors, forensic experts, and police officers. Violations will be treated as professional misconduct with possible disciplinary action under relevant statutes, safeguarding victims’ rights to dignity, privacy, and bodily integrity.
The bench highlighted the necessity of lodging a Zero FIR in cases of sexual offences, regardless of jurisdictional boundaries, to ensure prompt medical examinations of victims. The court expressed concern over the police’s lackadaisical adherence to this requirement, leading to investigation delays. Consequently, penal and departmental actions are recommended against non-compliant officers.
Additional Measures Ordered
The court, taking suo motu cognizance from a Public Interest Litigation (PIL) filed in 2024, laid out several measures for the state government:
- Preliminary investigations in rape cases should conclude within 15 days, with the entire investigation wrapped up in two months.
- No unnecessary adjournments should be granted in trials, ensuring that witnesses are examined without undue delay.
- Court to assess victims’ immediate needs for relief or rehabilitation and order compensation within 30 days of the order.
- The Director General of Police is tasked with quarterly monitoring of sexual offence cases to ensure compliance with timelines.
- Nari Niketan in Ranchi should serve as a shelter for female victims without a fixed time limit on their stay.
- Children born from rape should receive free education up to class XII, with scholarship opportunities for those entering premier institutions like IITs, NITs, AIIMS, or IIMs.
- Departmental proceedings and penal action against those revealing victims’ identities.
- Provision of trained legal aid and counseling for victims.
- Victim statements should be recorded by trained female police personnel.
- Enhancement of facilities in 24 ‘One-Stop Centres’ across the state.
- Implementation of legal awareness and self-defense programs across schools, colleges, and villages.
- Employment assistance and skill development programs for victims.
- Rehabilitation support with mental health care access for victims and their families.
- Designation of ‘181’ helpline as a primary contact for gender-based violence, linked to ‘112’ for emergency responses.
Advocate Sumeet Gadodia and Advocate Shruti Shekhar assisted the court as amici curiae, with Additional Advocate General Gaurav Raj representing the state. Advocate Atanu Banerjee appeared for JHALSA, while petitioner Padma Baraik appeared in person.
