Offices, schools, colleges must not insist on father's name of rape victim’s child: Punjab and Haryana High Court

The Punjab and Haryana High Court recently directed the States of Punjab and Haryana as well as the Chandigarh Administration to issue directions to all the offices including educational institutions not to insist on the father’s name of a rape victim’s child [X vs. State of Punjab]..In a matter related to the rehabilitation of rape victims and their children, Justice Vinod S Bhardwaj took on record the measures suggested by Amicus Curiae Tanu Bedi and directed that the suggestions be given effect to. "Give appropriate directions to all offices’, especially, all educational institution not to insist for fathers’ name of the child," the Court ordered.The authorities also said they have no objection to the suggestions. The Court was also told that some of the measures have already been adopted and are being implemented..Among the suggestions ordered to be implemented by the Court, the authorities have also been asked to bear the expenses for medical termination of pregnancy of the victims.“If pregnancy is detected post permissible time limit of termination and victim girl does not wish to keep child with her, then CARA (Central Adoption Resource Authority or any other authority as the case may be) should be involved for purpose of preparing all documents for quick, easy and expeditious adoption of child immediately on birth,” Bedi said in one of the suggestions.However, if the victim wants to keep the child with her, the State should endeavour to render all assistance and help for proper, healthy, dignified growth of child, she added..With regard to the shelter homes, the authorities were asked to ensure that they provide facilities where mother and child can live together. The Court was told most of the shelter homes are either homes only for women or are orphanages where children can live till the age of 18. The Court said the authorities shall take appropriate steps to ensure that the guidelines are properly implemented for the welfare and rehabilitation of the rape victims as well as of their children.Deputy Advocate General Pankaj Mulwani appeared for State of Haryana. Additional Advocate General Niharika Sharma represented the State of PunjabStanding Counsel Deepak Malhotra and APP Simsi Dhir Malhotra appeared for the Union Territory of Chandigarh..[Read Order]