Free Education For Children Of Rape Survivors, Police Sensitization: Jharkhand High Court Issues Directions On Handling Sexual Offence Cases

The Jharkhand High Court issued a slew of directions with respect to treatment of rape survivors as well as various issues concerning the handling of sexual assault cases including free education for children of rape survivors till Class XII and providing scholarships to meritorious students who get selected in premier government institutes like IITs, NITs, AIIMs or IIMs etc.The court in its comprehensive directions have also among others, directed the State to ensure that two-finger test is not conducted on sexual assault survivors during medical examination, noting that is already prohibited by the Supreme Court. The court has also directed the State's DGP to constitute a Special Task Force to quarterly monitor sexual offence cases and ensure no unnecessary adjournment is taken during the trial. Further investigation of rape cases is to be completed in two months. Underscoring the need to sensitivity deal with sexual offence cases, the court said that it was the responsibility of the concerned police officers to deal with the victims of rape with all sensitivity.After considering the submissions by parties as well as suggestions by amicus curiae, a division bench of Chief Justice MS Sonak and Justice Rajesh Shankar which was considering a suo-motu PIL over treatment of rape survivors as well as various connected issues issued the following directions:Jharkhand's Director General of Police is directed to ensure strict compliance of the provisions of Section 173 BNSS and for that purpose, to issue necessary directions to all the police stations as well as to make periodical monitoring to see the compliance thereof. In the event of any police officer failing to comply with the directions, appropriate steps shall be taken for initiation of penal as well departmental action against such erring officer in accordance with law. The State Government is further directed to arrange periodic sensitisation programmes for police personnel to ensure effective implementation of the legal mandate relating to Zero FIRs.The Secretary, Department of Women, Child Development and Social Security is directed to cure all the shortcomings and lapses existing in the 'OneStop Centres' as pointed out by the Amicus Curiae without further delay. A women-headed committee shall be constituted by the said department to receive the complaints regarding functioning of 'One-Stop Centres' and to supervise operations of the said centres by assessing adequacy and quality of services so as to ensure victim centric delivery. The Committee shall submit annual compliance and performance reports to the Secretary. In the event of any failure in providing adequate and quality service in the 'One-Stop Centres', the persons responsible shall be liable for departmental/penal action. The Department of Women, Child Development and Social Security is directed to use “Nari Niketan” (Shakti Sadan) at Ranchi also as shelter home for the female victims of sexual violence without fixing any maximum time limit for stay at that place, rather the victims shall be allowed to stay there considering the facts and circumstance of a particular case. For this publicity of the shelter homes/rehabilitation centres for women victims through all means of communication viz. print media, electronic media, hoardings/LED display board must happen at all public places.The Department of School Education and Literacy is directed to appoint nodal officers in every district to ensure that free and compulsory education up to Class XII is given to the children born out of rape incidents. In addition, the said department shall provide scholarships to the meritorious children who are selected in top/premier government institutions like IITs., NITs., AIIMs. or IIMs. etc. The nodal officer shall monitor the compliance of the direction of this court and if any problem is faced by such children, he shall communicate the Secretary of the said department, who shall promptly resolve the same. The courts dealing with the sexual offences are directed to inquire about the need of interim relief to be given to the victims of sexual offences immediately upon the receipt of information and to pass appropriate order accordingly. The trial courts are directed to pass the order of final compensation to the victims at the time of passing the final judgment irrespective of it ending in acquittal or conviction of the accused or even in case the accused is not traced or has absconded. The quantum of compensation awarded to the concerned victims shall be just and reasonable taking into consideration the loss and injury suffered by them.The Department of Home, Jail & Disaster Management and Jharkhand Legal Services Authority are directed to pay the compensation, whether interim or final, as awarded by the trial court to the victim within a period of 30 days from the date of communication of the order. The Courts dealing with the sexual offences are...

Free Education For Children Of Rape Survivors, Police Sensitization: Jharkhand High Court Issues Directions On Handling Sexual Offence Cases

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Free Education For Children Of Rape Survivors, Police Sensitization: Jharkhand High Court Issues Directions On Handling Sexual Offence Cases

Malavika Prasad

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