Jharkhand: The Jharkhand High Court has issued a comprehensive set of directions for the protection, rehabilitation, and dignified treatment of rape survivors across the State, covering issues ranging 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.
The Division Bench of Chief Justice M. S. Sonak and Justice Rajesh Shankar passed the order on June 8, 2026, in W.P. (PIL) No. 2253 of 2024, originally filed by Ms. Padma Baraik and later converted into a suo motu proceeding.
The judgment addressed eleven distinct issues, drawing on submissions of Amicus Curiae Mr. Sumeet Gadodia, the Jharkhand Legal Services Authority (JHALSA), and the State Government.
On Zero FIR registration, the Court directed the Director General of Police to ensure strict compliance with Section 173 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, and issue binding directions to all police stations mandating registration of Zero FIRs irrespective of territorial jurisdiction. The Court observed that continued non-compliance was delaying medical examination of rape victims and jeopardising prosecution cases, and warned that erring officers would face penal action under Section 199 of the Bharatiya Nyaya Sanhita (BNS), as well as departmental proceedings.
On shelter homes and One-Stop Centres, the Court directed the Secretary, Department of Women, Child Development and Social Security, to urgently rectify shortcomings identified across the State’s 24 One-Stop Centres, several of which were found to be in poor condition, lacking basic sanitation, functional kitchens, and adequate staff. A women-headed committee is to be constituted to supervise these centres and submit annual compliance reports. The Court also directed that Nari Niketan (Shakti Sadan) at Ranchi be used as a shelter home for victims of sexual violence without any prescribed maximum period of stay.
On compensation and speedy trial, courts dealing with sexual offences were directed to mandatorily award both interim and final compensation to victims in the final judgment itself, regardless of whether the case ends in conviction, acquittal, or whether the accused remains untraced. Compensation is to be paid within thirty days of the order. Courts were further directed to strictly adhere to the two-month trial timeline under Section 346 of the BNSS, 2023, and avoid unnecessary adjournments. The DGP was directed to constitute a Special Task Force for quarterly monitoring of sexual offence cases.
On education, the Court directed nodal officers to be appointed in every district to ensure free and compulsory education up to Class XII for children born as a result of rape, along with scholarships for those admitted to premier government institutions. On victim identity, all media personnel, police authorities, and courts were directed to strictly comply with the Supreme Court’s directions in Nipun Saxena & Anr. v. Union of India, (2019) 2 SCC 705, prohibiting disclosure of the victim’s identity in any form, with non-compliance attracting departmental and penal action.
On police conduct, the Court directed that preliminary investigation of rape cases be completed within fifteen days, final investigation within two months, and that victim statements be recorded by female police officers without any force or compulsion. Immediate legal aid, shelter, and medical examination within twenty-four hours are mandatory for POCSO victims. The State was also directed to issue a circular prohibiting the two-finger test across all hospitals, with any violation treated as professional misconduct.
The Court further directed the State to institutionalise free legal awareness and physical self-defence programmes at school, college, and village levels, and to formulate a scheme for employment and livelihood assistance for rape survivors. The State was also directed to designate helpline number 181 as the primary women-centric emergency helpline, linked to the national emergency number 112.
Copies of the judgment were directed to be forwarded to all concerned State authorities, Principal District and Sessions Judges across Jharkhand, the Member Secretary of JHALSA, and the District Magistrates and Superintendents of Police of all districts for immediate compliance.
Case Title: Court on its Own Motion v. State of Jharkhand & Others [W.P. (PIL) No. 2253 of 2024]
