The Jharkhand High Court (HC) on Wednesday issued a fresh and comprehensive set of guidelines for the investigation, rehabilitation and protection of rape survivors, a move aimed at ramping up the criminal justice system’s response to sexual offences. The court has mandated strict timelines for investigations by police besides instructing the government to enhance support mechanisms for survivors. It reiterated the prohibition of outdated medical examination practices.
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The development surfaced while the court was hearing a Public Interest Litigation (PIL) seeking guidelines for efficient handling of rape cases across the state.
Police directed to complete probe within stipulated time
A bench of the HC, comprising Chief Justice MS Sonak and Justice Rajesh Shankar, issued a 55-page judgment, directing the law enforcement agencies to complete the preliminary probe into rape complaints within 15 days of registering a First Information Report (FIR). Furthermore, it ordered that the final investigation should be concluded within two months from the date the FIR was registered, ensuring that cases involving sexual misconduct are handled without unnecessary delays.
The bench underscored that prompt investigations are crucial to preserving evidence, ensuring justice for survivors and maintaining the confidence of the general public in the legal system.
Bench lays emphasis on survivor-centric measures
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Thereafter, the court highlighted the need for a sensitive and survivor-focused approach, directing officials that the statements of rape survivors must be recorded by female cops not below the rank of Sub-inspector.
The bench issued instructions to the state government to ensure counselling facilities and rehabilitation support for the rape survivors and their families. In cases where survivors and their kin wish to relocate for safety or social reasons, the government has been directed by the HC to ensure adequate arrangements to facilitate such moves.
Additionally, the court has ordered authorities to ensure the education of children born as a result of rape and provide scholarships to deserving students.
Court prohibits two-finger test
Echoing the concerns raised earlier by the Supreme Court (SC), the HC categorically prohibited the use of the controversial two-finger test on rape survivors.
The bench noted that medical education curricula should be reviewed to promote scientific and survivor-sensitive methods for determining sexual assault. It stressed that reliance on discredited practices has no place in advanced forensic examinations.
Protection of rape survivors’ also highlighted
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The court, during the conclusion, directed the government to operationalise the Universal Emergency Line 181 specifically for victims of sexual assault and violence. Calls received on the helpline should be addressed immediately, the bench ruled.
In another key directive, the court instructed the media, police personnel, medical institutions and trial court to ensure that the identity of the rape survivors remains confidential strictly. Any violation of this directive could attract penal action, the court warned.