Jharkhand High Court Issues Landmark Directions for Protection, Rehabilitation and Dignified Treatment of Rape Survivors

It is definitely most refreshing to note that while taking the right step in the right direction, the Jharkhand High Court, in a most learned, laudable, landmark, logical and latest judgement titled 'Court on its Own Motion v State of Jharkhand & Ors' in W.P. (PIL) No. 2253 of 2024 and cited in Neutral Citation No.: 2026:JHHC:16350-DB that was reserved on 04.05.2026 and then finally pronounced on 08.06.2026, has issued a slew of comprehensive directions to the state government to improve the response of police and civil authorities in cases of sexual violence for the protection and rehabilitation of rape survivors.

It must be noted that these most commendable directions have been issued for the protection, rehabilitation, and dignified treatment of rape survivors across the state, enveloping issues that ranged from police conduct and shelter homes to free education for children born as a result of rape and scholarships for meritorious students admitted to premier government institutions like IITs, NITs, AIIMS, and IIMs.

Most significantly and most remarkably, this notable judgement was authored by Hon’ble Justice Mr Rajesh Shankar for a Division Bench of Jharkhand High Court comprising the Hon’ble The Chief Justice Mr MS Sonak and he encapsulate in para 89 what constitutes the “real cornerstone” of this brilliant judgement, postulating precisely that, “In view of the discussions and observations made hereinabove, the directions of this court on the issues raised in the present PIL are summarized as follows:-

Summary of Key Directions Issued by Jharkhand High Court

Direction (i): Zero FIR Compliance and Police Accountability

(i) The Director General of Police, Jharkhand, is directed to ensure strict compliancewithf the provisions of Section 173 of the BNSS,2023,3 and for that purpose, to issue necessary directions to all the police stations as well as to make periodical monitoring to see the compliance thereof. In the event of any police officer failing to comply with the directions, appropriate steps shall be taken for the initiation of penal as well as departmental action against such erring officer in accordance with law. The state government is further directed to arrange periodic sensitisation programmes for police personnel to ensure effective implementation of the legal mandate relating to zero FIRs.

Direction (ii): Strengthening One-Stop Centres

(ii) The Secretary, Department of Women, Child Development and Social Security, Government of Jharkhand, is directed to cure all the shortcomings and lapses existing in the ‘One-Stop Centres’ as pointed out by the learned Amicus Curiae without further delay. A women-headed committee shall be constituted by the said department to receive the complaints regarding the functioning of ‘One-Stop Centres’ and to supervise operations of the said centres by assessing adequacy and quality of services so as to ensure victim-centric delivery. The committee shall submit annual compliance and performance reports to the secretary of the said department. In the event of any failure in providing adequate and quality service in the ‘One-Stop Centres’, the persons responsible shall be liable for departmental/penal action.

Direction (iii): Nari Niketan as Shelter Home

(iii) The Department of Women, Child Development and Social Security, Government of Jharkhand, is directed to use “Nari Niketan” (Shakti Sadan) at Ranchi also as a shelter home for the female victims of sexual violence without fixing any maximum time limit for stay at that place; rather, the victims shall be allowed to stay there considering the facts and circumstances of a particular case.

Direction (iv): Public Awareness of Shelter Homes and Rehabilitation Centres

(iv) The Department of Women, Child Development and Social Security, Government of Jharkhand, is directed to widely and regularly publicise the purpose, location and contact details of the shelter homes/rehabilitation centres for women victims through all means of communication, viz., print media, electronic media, hoardings/LED display boards at all public places.

Direction (v): Free Education and Scholarships for Children Born Out of Rape

(v) The Department of School Education and Literacy, Government of Jharkhand, is directed to appoint nodal officers in every district to ensure that free and compulsory education up to Class XII is given to the children born out of rape incidents. In addition, the said department shall provide scholarships to the meritorious children who are selected in top/premier government institutions like IITs, NITs, AIIMs, IIMs, etc. The nodal officer shall monitor the compliance with the direction of this court, and if any problem is faced by such children, he shall communicate with the secretary of the said department, who shall promptly resolve the same.

Direction (vi): Interim and Final Compensation for Victims

(vi) The courts dealing with the sexual offences are directed to enquire about the need for interim relief to be given to the victims of sexual offences immediately upon the receipt of information and to pass appropriate orders accordingly. The trial courts are further directed to pass the order of final compensation to the victims at the time of passing the final judgement irrespective of it ending in acquittal or conviction of the accused or even in case the accused is not traced or has absconded. The quantum of compensation awarded to the concerned victims shall be just and reasonable, taking into consideration the loss and injury suffered by them.

Direction (vii): Time-Bound Payment of Compensation

(vii) The Department of Home, Jail & Disaster Management, Government of Jharkhand, and Jharkhand Legal Services Authority are directed to pay the compensation, whether interim or final, as awarded by the trial court to the victim within a period of 30 days from the date of communication of the order.

Direction (viii): Expeditious Trial of Sexual Offence Cases

(viii) The courts dealing with the sexual offences are directed to try the cases by strictly adhering to the timeline provided under section 346 of the BNSS, 2023, and no unnecessary adjournment shall be granted to the accused after commencement of the trial.

Direction (ix): Constitution of Special Task Force

(ix) The Director General of Police, Jharkhand, is directed to constitute a special task force which shall quarterly monitor the cases of sexual offences and ensure adherence to the prescribed timelines by the prosecuting agencies so as to ensure that no unnecessary adjournment is taken by them during the trial.

Direction (x): Protection of Victim Identity

(x) All mediapersonnel,, police officials, officers and staff of the trial courts are directed to mandatorily follow the direction of the Hon’ble Supreme Court rendered in the case of Nipun Saxena(supra.). . The erring persons will be subjected to departmental proceeding as well as penal action by the competent authority of the concerned department.

Direction (xi): Training and Capacity Building

(xi) The Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand, is directed to arrange a training programme for the persons who are dealing with the cases of sexual violence. The Principal District and Sessions Judge of the concerned district shall also ensure strict compliance with the provisions of BNSS, 2023, within the courts.

Direction (xii): Time-Bound Investigation of Rape Cases

(xii) The police officers are directed to complete the preliminary investigation of rape cases within fifteen days and the final investigation within two months from the date on which the information is recorded by the officer-in-charge of the concerned police station.

Direction (xiii): Immediate Legal Aid and Victim Assistance

(xiii) The superintendents of police of all the districts are directed to arrange immediate legal aid for the victims by trained lawyers who will deal with the victims with all sensitivity and not as mere clients. They should provide guidance to the victims as to how they would get help of various nature from different specialized agencies, such as emotional counselling, medical assistance, etc. Immediate care and protection shall also be extended to the victims under the POCSO Act within 24 hours of the incident, which shall include admitting the child into a shelter home and her medical examination.

Direction (xiv): Recording Statements Through Female Police Officers

(xiv) The Director General of Police, Jharkhand, is directed to ensure that the statement of victims of sexual offences is recorded by female police officers.

Direction (xv): Police Sensitization Programmes

(xv) The Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand, is directed to periodically arrange a sensitisation programme for imparting proper training to the police officers to ensure that a friendly environment is given to the rape victims while recording their statements so that true facts are reflected in their statements. No force or compulsion is to be imposed on them while recording their statements.

Direction (xvi): Ban on the Two-Finger Test

(xvi) The Department of Home, Jail & Disaster Management, Government of Jharkhand, is directed to issue a circular prohibiting the “two-finger test” (if not yet issued) in all government and private hospitals/medical institutions, with a further direction that violation of the said circular by any person, including doctors and paramedical staff, will be treated as professional misconduct and the erring person will be subjected to departmental proceedings.

Direction (xvii): Legal Awareness and Self-Defence Programmes

(xvii) The state government is directed to institutionalise periodic legal awareness programmes in a manner which is easily understandable to the girls residing in remote areas for which street plays or audio-visual tools may be used. The state government is also directed to arrange physical area self-defence programmes at the level of schools, colleges and villages without charging any fee from them.

Direction (xviii): Rehabilitation and Relocation of Victims

(xviii) If, due to any social reason, the rape victims and their family wish to shift their place of residence to some other place, the State shall have a mechanism to rehabilitate them at a place they wish to reside.

Direction (xix): Designating 181 as the Primary Women-Centric Helpline

(xix) The state government shall consider designating the number ‘181’ (i.e., women-centric helpline for sexual violence, domestic abuse and gender-based emergencies) as the primary helpline number with automatic back-end linkage to the helpline number ‘112’, i.e., the emergency response support system for immediate police, medical and rescue response.”

Conclusion

The directions issued by the Jharkhand High Court in Court on its Own Motion v State of Jharkhand & Ors constitute a comprehensive framework aimed at ensuring protection, rehabilitation, compensation, dignity, education, legal aid, shelter, medical care and speedy justice for rape survivors. The judgement also emphasises the accountability of police officials, judicial officers, medical professionals and government departments while reinforcing victim-centric justice and rehabilitation measures throughout the State of Jharkhand.

Division Bench Observations on Public Interest Litigation

It is worth noting that the Division Bench notes in para. 2 that, “On perusal of the record, it appears that on previous dates, Ms Padma Baraik was insisting to espouse her personal cause, which could not have been entertained in a public interest litigation. Nonetheless, looking to the importance of the aspects involved in the present PIL, suo motu cognisance of the issue was taken by a Co-ordinate Bench of this Court vide order dated 24.09.2025, and Ms Padma Baraik was permitted to assist the court as an intervenor. Ms Padma Baraik was, however, given liberty to pursue her individual cause in accordance with law.”

Notes of Suggestion Filed by Intervenor

It would be instructive to note that the Division Bench hastens to add in para 3, noting that, “The intervenor, Ms Padma Baraik, has also filed her notes of suggestion in this court in Hindi, which is taken on record. The notes also contain general grievances which are summarized as under:-

Summary of General Grievances

• (i) In spite of the specific provision in Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, the police officers are not registering a zero FIR with respect to the offences of sexual violence; rather, they misbehave with the victims.
• (ii) Neither a free copy of the FIR is being provided to the victims nor are their statements recorded by the female police officers as mandated under BNSS.
• (iii) Appropriate compensation is not provided to the rape victims as per the guidelines laid down in the judgement of the Hon’ble Supreme Court rendered in the case of Nipun Saxena & Anr. vs. Union of India & Ors., reported in (2019) 2 SCC 705, and the National Legal Services Authority (NALSA) Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes.
• (iv) ‘Sakti Sadan’, Arsande, Kanke, Ranchi and One-Stop Centres (OSCs) located in every district lack proper facilities, and the same are required to be improved.”

Key Grievances at a Glance

Clarification on Scope of Directions

For the sake of clarity, the Division Bench clarifies in para 90, holding that, “It is further clarified that the above directions are not exhaustive and are in addition to the observations made in different preceding paragraphs. These shall, however, in no manner preclude the respondent authorities from taking additional measures to deal with the issues raised in the present PIL.”

Directions for Immediate Compliance

In its concluding part, the Division Bench directs and holds in para 92 that "Let copies of this judgement be forthwith forwarded to all the concerned State authorities, the Principal District and Sessions Judges of all districts in the State of Jharkhand, including the Judicial Commissioner, Ranchi; the Member Secretary, JHALSA; the Director, Judicial Academy Jharkhand; and the District Magistrates and the Superintendents of Police of all districts for immediate and necessary compliance." The institutional district heads are further directed to share this judgement with all magistrates, whether judicial or executive, for their information and necessary action.”

Authorities Directed to Receive the Judgment

Significance of the Judgment for Rape Survivors

In essence, this most progressive, pragmatic, persuasive and pertinent judgement by the Jharkhand High Court issuing a slew of most commendable, courageous and comprehensive directions for the protection and rehabilitation of rape survivors must be most strictly implemented in totality. The amicus curiae in this leading case had also very rightly urged the Jharkhand High Court to issue a direction to prohibit the “two-finger test", and while accepting the brilliant suggestion, the order directed the Jharkhand State government to issue a circular prohibiting the “two-finger test” in all government and private hospitals/medical institutions, with a further direction that any violation of the said circular will be treated as professional misconduct and the erring person will be liable to be strictly dealt with in accordance with law. Very rightly so!

Major Takeaways from the Judgment

• Recognition of systemic issues faced by survivors of sexual violence.
• Emphasis on proper registration of Zero FIRs.
• Reinforcement of victims' rights under BNSS, 2023.
• Focus on compensation and rehabilitation mechanisms.
• Directions to improve facilities at Sakti Sadan and One-Stop Centres.
• Prohibition of the “two-finger test” in government and private medical institutions.
• Strict action against violations, treating them as professional misconduct.
• Statewide dissemination and implementation of the judgement.

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A - 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.