High Court issues directives for Zero FIR registration, victim compensation, education, and prohibition of the "two-finger test" to ensure victim-centric justice
In a landmark judgment aimed at strengthening the support system for rape survivors, the Jharkhand High Court has issued a series of comprehensive directives to address systemic gaps in the handling of sexual violence cases. The court, taking suo motu cognizance, emphasized the need for victim-centric measures, ensuring that survivors receive timely justice and support.
The judgment mandates the mandatory registration of Zero FIRs regardless of territorial jurisdiction, with police officers required to promptly register and transfer cases for investigation. Non-compliance will attract departmental and penal action under Section 199 of the Bharatiya Nyaya Sanhita, 2023. The court highlighted the importance of this directive in ensuring swift justice and preventing jurisdictional delays.
Additionally, the court prohibited the use of the "two-finger test" in medical examinations of sexual assault survivors, deeming it a violation of privacy and dignity. This practice, if continued, will be treated as professional misconduct. The judgment underscores the necessity of conducting medical examinations in a dignified manner, respecting the survivors' rights.
The court also addressed the educational needs of children born from rape incidents, mandating free and compulsory education up to Class XII, with scholarships for meritorious students. Nodal officers will be appointed to ensure compliance and to monitor the educational progress of these children.
To support the financial rehabilitation of survivors, the court directed the award of interim and final compensation irrespective of the case outcome, with payments to be made within 30 days of the order. This structured framework aims to aid in the financial recovery of survivors, facilitating their reintegration into society.
Moreover, the court emphasized the organization of legal and physical awareness programs to educate girls and women, particularly in rural areas, on self-defense and legal rights. This initiative seeks to empower women, reducing their vulnerability to sexual violence.
The judgment also called for the improvement of shelter homes and One-Stop Centres, mandating enhancements in infrastructure, staffing, and hygiene to ensure victim-centric services. Women-headed monitoring committees will oversee the operations to ensure compliance.
Highlighting the role of the state in supporting survivors, the court directed the formulation of structured schemes for employment assistance and skill development, facilitated by the Jharkhand Legal Services Authority.
The implementation of these directives is expected to significantly improve the justice delivery system for rape survivors in Jharkhand, ensuring that their rights and dignity are upheld throughout the legal process.
Bottom Line:
The Jharkhand High Court, taking suo motu cognizance, has issued comprehensive directions to address systemic gaps and ensure victim-centric measures for rape survivors, including mandatory registration of Zero FIRs, prohibition of "two-finger test," provision of free education for children born out of rape incidents, and institutionalized legal awareness and self-defense programs.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 173, Bharatiya Nyaya Sanhita, 2023 Section 396, Protection of Women From Sexual Violence statutes, Right to Education, Bharatiya Nyaya Sanhita, 2023 Section 199, POCSO Act, 2012, The Legal Services Authorities Act, 1987.
Court on its Own Motion v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc id # 2918839
