Sexual assault survivors are entitled to mandatory, non-jurisdictional reporting, trauma-informed medical and legal assistance, full privacy, and comprehensive state-funded rehabilitation, including education and compensation, irrespective of trial outcomes, as an essential dimension of the constitutional right to dignity and life.

JUDGMENT :

Rajesh Shankar, J.

1. The present writ petition was originally filed in the form of Public Interest Litigation by one Ms. Padma Baraik seeking following reliefs: -

(i) For issuance of direction upon the concerned respondent authorities to register a Zero F.I.R irrespective of the jurisdiction of the incident and to transfer the same to appropriate police station without any delay or geographical restriction.

(ii) For issuance of direction to the appropriate authority to provide accommodation facility to the rape victims and to constitute a Complaints Redressal Committee, headed by a woman which should prepare and submit annual report to the concerned government department regarding complaints and action taken.

(iii) For issuance of direction to provide compensation for survival of rape victims in the society and to ensure speedy trial as well as time bound conclusion of their cases.

(iv) For issuance of direction upon the concerned respondent authorities to provide free education to the minor children born out of the rape incidents.

(v) For issuance of direction upon the respondent authorities to instruct the media not to disclose the identity of rape victims.

(vi) For issuance of direction upon the concerned police personnel to treat the rape victims with human feelings, harassment free behaviour as well as to ensure time bound investigation of their cases while safeguarding them from the accused persons.

(vii) For issuance of direction upon the concerned respondent authorities not to conduct ‘two fingers test’ during medical examination of the rape victims.

(viii) For issuance of direction upon the concerned respondent authorities to organize legal and physical awareness programme in school and college level as well as in the village areas to make girls/women capable of protecting themselves in any such untoward incident.

(ix) For issuance of direction upon the concerned respondent authorities to provide job oriented training facilities for livelihood of the rape victims.

2. 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 cognizance 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.

3. 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:-

(i) In spite of the specific provision in Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, the police officers are not registering Zero FIR with respect to the offences of sexual violence, rather they misbehave with the victims.

(ii) Neither free copy of FIR is being provided to the victims nor their statements are 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 judgment 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 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.

4. Mr. Atanu Banerjee, Advocate, appearing on behalf of Jharkhand Legal Service Authority (JHALSA) has also filed notes of suggestions on the issues raised in the present PIL. It has been highlighted inter alia that currently there is no shelter home functional in the district of Ranchi for victims/survivors of sexual assault