RANCHI, June 9 -- In a landmark judgment aimed at strengthening the rights and rehabilitation of rape survivors, the Jharkhand High Court has directed the state government to ensure a complete ban on the controversial two-finger test in all government and private hospitals, holding that the practice violates the privacy, bodily integrity and dignity of survivors.
The directions were reportedly issued by a division bench comprising Chief Justice M S Sonak and Justice Rajesh Shankar while hearing a suo motu public interest litigation (PIL) on the protection and rehabilitation of rape survivors.
The court directed the Department of Home, Jail and Disaster Management to issue a circular prohibiting the two-finger test, if not already done, and warned that any violation by doctors or paramedical staff would be treated as professional misconduct, attracting departmental action and legal consequences.
In a series of wider directives, the bench also ordered mandatory registration of Zero FIRs in sexual assault cases and emphasised a survivor-centric approach during investigations. Police personnel handling such cases must be adequately trained and sensitised, while statements of survivors should preferably be recorded by a woman officer not below the rank of Sub-Inspector.
The court stressed that survivors must be treated with dignity and should not face intimidation, coercion or undue pressure during investigations.
The High Court also focused on the welfare of children born out of rape.
It directed the state government to appoint nodal officers to ensure their free and compulsory education up to Class 12 and provide scholarships if they secure admission to premier institutions such as IITs, NITs, AIIMS, IIMs and other higher educational establishments.
Expressing concern over the social stigma attached to rape survivors, the bench observed that victims are often subjected to ridicule and ostracisation "as if they are the accused," causing severe psychological distress to them and their families.
It noted that many survivors are forced to leave their homes because of hostile social attitudes and directed the government to create a mechanism for their rehabilitation at a place of their choice. "This requires social sensitisation. We are hopeful that the victim-blaming public attitude will gradually change," the court observed.
Published by HT Digital Content Services with permission from Millennium Post.