HC issues guidelines to govt on cases of rape, crimes against women

HC issues guidelines to govt on cases of rape, crimes against women
Jharkhand high court
Ranchi: In a landmark ruling on dealing with cases of rape and crimes against women, the Jharkhand high court has issued a slew of guidelines to the state govt, including prohibition of the “two-finger” test.In a 55-page judgement passed by Chief Justice MS Sonak and Justice Rajesh Shankar on Monday while hearing a suo motu PIL, the court directed police to complete the preliminary investigation in rape cases within 15 days. The final investigation ought to be completed within two months from the date of registration of the FIR, the court said.The bench further pointed out that the statement of the survivor should be recorded essentially by a woman police officer not below the rank of sub inspector.While going through the different provisions of the laws, the court has also prohibited the “two-finger test” (per vaginum examination) of rape survivors. The court also observed that the curriculum in medical colleges needs to be reviewed in terms of ascertaining the fact of sexual assault, other than the two-finger test which has been deprecated by the Supreme Court also.The court directed the govt to ensure a single universal emergency line number 181 to specifically deal with cases of survivors of sexual assault and violence.
Calls made to the emergency line will be dealt with immediate effect, the court observed.The court also directed the govt to ensure compulsory education for children of rape survivors. The govt was also directed to provide scholarship to students who are meritorious and look after their academic needs.The govt was also directed to make provisions for rehabilitation of survivors and their families. In a situation where a survivor and her family would want to shift from one place to another, the govt has been directed to ensure that adequate arrangements are made to rehabilitate the survivor and her family.The court directed the media, police, medical agencies and the trial courts to ensure that the identity of the survivor is not disclosed in the course of proceedings. Any negligence with regards to disclosure of the identity of the survivor would lead to further penal action, the bench observed.

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About the AuthorChandrajit Mukherjee

A second generation practicing Advocate in the Jharkhand High Court since 2005, he has been reporting on legal beats for the print media since 2000. Have contributed and written news related to judgements and orders passed by the High Court as well as decisions taken by the other judicial forums, including the legal services, authority, and Judicial Academy.

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