In a significant move aimed at strengthening the protection, rehabilitation, and access to justice for survivors of sexual violence, the Jharkhand High Court has issued 19 directives to the state government, police authorities, and other concerned departments for immediate implementation.
A division bench comprising Chief Justice MS Sonak and Justice Rajesh Shankar made it clear that any negligence in handling cases of rape or offences under the Protection of Children from Sexual Offences (POCSO) Act would be viewed seriously.
The court observed that erring officials could face departmental proceedings and even criminal action, including the registration of an FIR.
One of the key directions mandates the immediate registration of a Zero FIR in all complaints related to sexual violence, irrespective of territorial jurisdiction. The court warned that police personnel refusing or delaying FIR registration would be liable for strict action.
The High Court also directed the state government to issue a circular banning the controversial “two-finger test” in all government and private medical institutions. Any violation of the prohibition would be treated as professional misconduct and dealt with under the law.
Emphasising a victim-centric approach, the bench said rape survivors must be treated with sensitivity and dignity throughout the investigation process.
It is recommended that statements of survivors be recorded, wherever possible, by women police officers not below the rank of sub-inspector. The court ordered strict compliance with provisions relating to investigation timelines under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and directed regular monitoring to ensure adherence.
It also called for the appointment of dedicated investigating officers under the supervision of senior police officials to ensure fair and expeditious investigations.
The directives came while hearing a public interest litigation filed by a woman seeking stronger safeguards and rehabilitation measures for rape survivors. The court noted that delays in investigation often result in loss of crucial evidence and hamper the delivery of justice.
Apart from legal and investigative reforms, the court also focused on rehabilitation and empowerment. It directed the state to ensure free and compulsory education up to Class XII for children born out of rape and provide scholarships to meritorious students admitted to premier institutions such as IITs, NITs, AIIMS, and IIMs.
The bench further stressed the importance of self-defence training for girls through government schemes and directed that trained legal aid lawyers be made available to survivors immediately, ensuring that victims receive timely support, counselling, and representation throughout the judicial process.
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