In a sweeping intervention aimed at strengthening the State’s response to sexual violence, the Jharkhand High Court has laid down an extensive framework covering police investigations, victim rehabilitation, healthcare, legal aid and long-term social support for survivors.
A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar directed the State government to introduce structural reforms designed to ensure faster investigations, stricter accountability and comprehensive assistance for victims of sexual offences.
Among the most significant directions is a mandate that preliminary investigations in rape cases be completed within 15 days, while the entire investigation process must conclude within two months. The Court further directed the Director General of Police to conduct quarterly reviews of sexual offence cases to ensure adherence to prescribed timelines.
The Bench also reiterated the absolute prohibition on the controversial “two-finger test,” stressing that the practice has already been outlawed by the Supreme Court. The judges instructed the State to issue binding guidelines and standard operating procedures banning the test across both government and private hospitals. Doctors, forensic experts and police personnel are to undergo regular sensitisation programmes, while violations may invite disciplinary and professional action.
Another area of concern highlighted by the Court was the continued failure of police personnel to properly register Zero FIRs in sexual offence cases. The judges underscored that police stations are legally obligated to register such complaints regardless of territorial jurisdiction. Observing that lapses in compliance often delay medical examinations and investigations, the Court directed the State to initiate both departmental and penal action against officials who fail to follow the law.
The case arose from issues concerning rape survivors that had been brought before the Court through a public interest litigation, prompting the Bench to take suo motu cognisance and examine broader systemic deficiencies.
To ensure swifter trials, the Court directed that unnecessary adjournments should not be granted to accused persons. Where witnesses are present before the court, proceedings should continue unless exceptional circumstances justify a postponement, with reasons recorded in writing.
Recognising the need for immediate relief, the Court instructed trial courts handling sexual offence cases to assess victims’ rehabilitation requirements at the earliest stage and pass compensation orders within 30 days.
The judgment also places substantial emphasis on survivor welfare beyond the courtroom. Nari Niketan in Ranchi is to function as a shelter home for women survivors without imposing any upper limit on their stay. The State has also been directed to provide employment opportunities or placement assistance in government and private sectors, along with skill-development support wherever necessary.
For children born as a result of rape, the Court ordered free education up to Class XII. It further directed the State to provide scholarships to deserving students who secure admission to premier government institutions, including IITs, NITs, AIIMS and IIMs.
The Bench addressed concerns about victim privacy as well, warning that disclosure of a survivor’s identity should attract both departmental proceedings and criminal consequences.
Legal aid services are to be strengthened through trained lawyers capable of guiding survivors through legal proceedings while also helping them access counselling and medical assistance. The Court additionally directed that statements of victims should be recorded by women police personnel who have undergone periodic sensitisation training.
The State has also been asked to enhance facilities at its 24 One-Stop Centres and expand legal awareness campaigns and self-defence programmes across schools, colleges and villages.
Acknowledging the social stigma often faced by survivors and their families, the Court called for rehabilitation measures extending beyond the victim alone. Authorities have been directed to facilitate mental healthcare support for as long as required and, where consent is given, assist in the rehabilitation of affected family members.
To improve emergency response mechanisms, the Court designated the women-centric helpline “181” as the primary number for gender-based violence complaints, with integrated backend support from the “112” emergency response network to enable prompt intervention by police, medical and rescue teams.
The ruling represents one of the most comprehensive judicial roadmaps issued in recent years for improving institutional responses to sexual violence, combining strict investigative deadlines with a broad package of survivor-centric welfare measures.
