Free Education For Children Of Rape Survivors, Police Sensitization: Jharkhand High Court Issues Directions For 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 as well as 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 DGP to constitute a Special Task Force to quarterly monitor sexual offence cases and ensure adherence and ensure no unnecessary adjournment is taken by them during the trial.

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.

It further directed:

• The Director General of Police, Jharkhand, is directed to ensure strict compliance of the provisions of Section 173 of the BNSS, 2023 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, Government of Jharkhand is directed to cure all the shortcomings and lapses existing in the 'OneStop Centres' as pointed out by the learned 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 victimcentric delivery.
• The Committee shall submit annual compliance and performance reports to the Secretary of the said department. 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, Government of Jharkhand 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.
• The Department of Women, Child Development and Social Security, Government of Jharkhand is directed to widely and regularly publicize the purpose, location and contact details of the shelter homes/rehabilitation centres for women victims through all means of communication viz. print media, electronic media, hoardings/LED display board at all public places.
• The Department of School Education and Literacy, Government of Jharkhand 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 directed to try the cases by strictly adhering to the timeline provided under section 346 of the BNSS, 2023 and no unnecessary adjournment shall be granted to the accused after commencement of the trial.
• The Director General of Police, Jharkhand is directed to constitute a Special Task Force which shall quarterly monitor the cases of sexual offences and ensure adherence to the prescribed timelines by the prosecuting agencies so as to ensure that no unnecessary adjournment is taken by them during the trial.
• All media personnels, police officials, officers and staff of the trial courts are directed to mandatorily follow the direction of the Hon'ble Supreme Court rendered in the case of Nipun Saxena (Supra.). The erring persons will be subjected to departmental proceeding as well as penal action by the competent authority of the concerned department. (xi) The Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand is directed to arrange training programme for the persons who are dealing with the cases of sexual violence. The Principal District and Sessions Judge of the concerned district shall also ensure strict compliance of the provisions of BNSS, 2023 within the courts.
• The police officers are directed to complete the preliminary investigation of rape cases within fifteen days and the final investigation within two months from the date on which the information is recorded by the officer- in-charge of the concerned police station.
• The Superintendent of Police of all the districts are directed to arrange immediate legal aid for the victims by trained lawyers who will deal with the victims with all sensitivity and not as mere clients. They should provide guidance to the victims as to how they would get help of various nature from different specialized agencies, such as emotional counselling or medical assistance etc. Immediate care and protection shall also to be extended to the victims under POCSO Act within 24 hours of the incident which shall include admitting the child into shelter home and her medical examination.
• The Director General of Police, Jharkhand is directed to ensure that the statement of victims of sexual offences is recorded by female police officers. The Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand is directed to periodically arrange sensitization programme for imparting proper training to the police officers to ensure that friendly environment is given to the rape victims while recording their statements so that true facts are reflected in their statements. No force or compulsion is to be imposed on them while recording their statements.
• The Department of Home, Jail & Disaster Management, Government of Jharkhand is directed to issue circular prohibiting “two finger test” (if not yet issued) in all government and private hospitals/medical institutions with a further direction that violation of the said circular by any person including doctor and para medical staff will be treated as professional misconduct and the erring person will be subjected to departmental proceeding.
• The State Government is directed to institutionalise periodic legal awareness programme in a manner which is easily understandable to the girls residing in remote areas for which street plays or audio-visual tools may be used. The State Government is also directed to arrange physical self-defence programmes at the level of schools, colleges and villages without charging any fee from them.

The court said that if due to any social reason, the rape victims and their family wish to shift their place of residence to some other place, the State shall have a mechanism to rehabilitate them at a place they wish to reside.

Further it said that the State Government shall consider to designate the number '181' (i.e. women-centric helpline for sexual violence, domestic abuse and gender-based emergencies) as the primary helpline number with automatic back-end linkage to the helpline number '112' i.e. the emergency response support system for immediate police, medical and rescue response.

The court clarified that its directions are not exhaustive and are in addition to the observations made in different preceding paragraphs in the order.These shall, however, in no manner preclude the respondent authorities from taking additional measures to deal with the issues raised in PIL, the court said.

The PIL was disposed of.

Case title: Court on its Own Motion v/s State of Jharkhand & Ors.

W.P. (PIL) No.2253 of 2024

Click Here To Read/Download Order