Whalesbook
The Jharkhand High Court has issued strict guidelines to reform the state's handling of sexual violence cases. Key directives include a two-month deadline for investigations, an immediate ban on the 'two-finger test,' and mandatory swift compensation and educational support for victims. This order aims to significantly improve legal and administrative responsiveness to such crimes.
What Happened
The Jharkhand High Court, led by a Division Bench comprising Chief Justice MS Sonak and Justice Rajesh Shankar, has issued a comprehensive set of directives to overhaul how sexual violence cases are managed in the state. The court’s order focuses on streamlining investigations, protecting the dignity of victims, and ensuring better rehabilitation and support systems are in place.
Strict Investigation Timelines
To reduce delays, the court has mandated that preliminary investigations for sexual violence cases must be completed within 15 days. The entire investigation process is now required to be concluded within a maximum of two months. Furthermore, the court has made it clear that unnecessary adjournments will not be tolerated in cases where witnesses are present, aiming to speed up the delivery of justice.
Ban on 'Two-Finger Test' and Medical Protocols
The High Court has strictly prohibited the use of the 'two-finger test,' an outdated medical examination method that has been widely criticized. Medical professionals found conducting this test will face charges of professional misconduct. The state government is now required to issue a binding circular and Standard Operating Procedure (SOP) to all hospitals, both government and private. Additionally, mandatory training programs will be implemented for doctors, forensic experts, and police officials to ensure adherence to this new protocol.
Accountability for Police and 'Zero FIR'
The bench emphasized the legal obligation of the police to register a 'Zero FIR' in sexual offense cases, regardless of which police station has territorial jurisdiction. The court noted that failures to follow this rule have previously caused delays in critical medical examinations for victims. The ruling now calls for both departmental and penal action against any police official who fails to comply with this mandate. The court also ordered periodic sensitization programs to ensure police personnel are better equipped to handle these sensitive cases.
Victim Support and Rehabilitation
Beyond the procedural changes, the court has introduced measures to support victims during and after the legal process. Compensation orders are now to be passed within 30 days of the decision. For ongoing support, the Nari Niketan in Ranchi has been designated as a dedicated shelter home.
To aid in long-term rehabilitation, the court has directed that children born from rape must receive free education up to Class XII. Furthermore, scholarships will be provided for those who gain admission to premier national institutions, including IITs, NITs, AIIMS, and IIMs. The court also emphasized the protection of victim identity, with penalties for any unauthorized disclosure. Other support measures include trained legal aid, counseling, medical assistance, and the integration of the '181' women-centric helpline with the '112' emergency response system.