2-month deadline for probe, monitoring by DGP: Jharkhand HC directions to overhaul State response in sexual violence cases

The Jharkhand High Court on June 8 issued a slew of directions to the State government to improve the response of police and civil authorities in cases of sexual violence [Court on its Own Motion v State of Jharkhand & Ors].

A Division Bench of Chief Justice MS Sonak and Justice Rajesh Shankar also emphasised that the 'two-finger test' of victims has been strictly prohibited by the Supreme Court and any medical professional conducting it would be liable for misconduct.

"The State of Jharkhand must issue binding circular/SOP prohibiting the said test in all government and private hospitals, conducting mandatory training and sensitisation of doctors, forensic experts, and police officials. Any violation of these directives should be treated as professional misconduct, attracting action under the relevant medical and disciplinary statutes, thereby safeguarding the victim’s rights to dignity, privacy and bodily integrity," the Court said.

The Court also said that lodging of Zero FIR in sexual offence cases is obligatory upon the police, irrespective of territorial jurisdiction of the incident.

However, it noted that mandatory provisions in this regard were still not being scrupulously followed by the police which was resulting in delay in the medical examination of victims of sexual abuse.

To address the issue, the Court called for initiation of penal as well as departmental proceedings against erring police officials for non-compliance.

"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 Court directed.

The Court had taken suo motu cognizance of various issues related to rape victims which were raised by a petitioner in a Public Interest Litigation (PIL) filed in 2024.

In its verdict of June 8, the Court issued various directions to the State government. Some of the directions are as follows:

• Police should complete preliminary investigations of rape cases within 15 days and entire investigation within two months;

• No unnecessary adjournment shall be granted to the accused and when the witnesses are in attendance, no adjournment or postponement shall be granted without examining them except for any special reason to be recorded in writing;

• Courts dealing with cases of sexual offences are to enquire into the immediate needs of the victims for their relief or rehabilitation and pass orders for payment of compensation to them within 30 days of the passing of order;

• Director General of Police should monitor the sexual offence cases on a quarterly basis and ensure that the requisite timelines are followed;

• Nari Niketan at Ranchi should be used as a shelter home for female victims of sexual violence without fixing any maximum time limit for their stay at that place;

• Children born out of rape should be provided free education up to class XII. The State should also provide scholarships to the meritorious children who are selected in top/premier government institutions like IITs, NITs, AIIMS or IIMs etc.

• Those responsible for disclosing the name of victims of sexual offences would be subject to departmental proceedings and penal action;

• Trained lawyers should provide legal aid to the victims and guide them to avail counseling or medical help as and when needed;

• Statements from the victims will recorded by women police personnel who have undergone periodical sensitisation programmes;

• State should improve facilities in its 24 'One-Stop Centres'.

• State should provide periodic legal awareness, physical self-defence programmes at all the levels of school, college and village level;

• State should provide employment or placement assistance in government or private sectors for rape victims and introduce skill development programmes where required;

• Taking note of the social stigma attached with rape victims, the Court directed the State to rehabilitate the victim's family with their consent and to ensure the victims are able to access mental health care for an adequate duration;

• '181' , a woman-centric helpline for gender-based violence, is to be designated as a primary helpline number with back-end linkage to '112' helpline for emergency response from police, medical and rescue teams.

Advocate Sumeet Gadodia along with Advocate Shruti Shekhar assisted the Court as amici curiae.

Additional Advocate General Gaurav Raj represented the State and advocate Atanu Banerjee appeared for JHALSA.

The petitioner, Padma Baraik, in person.

[Read Judgment]