Jharkhand High Court’s Suo Motu PIL Results in Robust Framework for Supporting Rape Survivors

The Jharkhand High Court, in Court on its Own Motion v State of Jharkhand & Ors in W.P. (PIL) No. 2253 of 2024, Neutral Citation No.: 2026:JHHC:16350-DB, has delivered a far‑reaching judgment on 08.06.2026 (reserved on 04.05.2026) that lays down a detailed set of directions to the State of Jharkhand. These directions are aimed at strengthening the institutional, legal and administrative response to sexual offences and ensuring meaningful protection, rehabilitation and dignified treatment of rape survivors across the State.

Authored by Hon’ble Justice Mr Rajesh Shankar, for a Division Bench comprising Hon’ble The Chief Justice Mr MS Sonak and himself, the decision comprehensively addresses issues concerning:

  • Prompt and proper police action, including registration and investigation of sexual offences
  • Functioning and oversight of “One-Stop Centres” and shelter homes
  • Free and compulsory education for children born out of rape, and scholarships for higher education in premier institutions such as IITs, NITs, AIIMS and IIMs
  • Timely award and disbursal of compensation to victims
  • Sensitization and training of police, court staff and other stakeholders
  • Prohibition of regressive medical practices such as the “two finger test”
  • Legal awareness initiatives and self-defence training for girls and women

The Court’s directions, encapsulated in para 89 of the judgment, form the core operational blueprint and are intended to recalibrate the State’s response to sexual violence in a survivor‑centric manner.

Background of the Suo Motu PIL

The matter reached the Jharkhand High Court as a Public Interest Litigation where, on earlier dates, one Ms. Padma Baraik appeared and attempted to highlight her individual grievances. The Bench noted that her personal issues could not be addressed within the limited scope of a PIL. However, recognizing the serious systemic concerns she raised around the treatment of rape survivors, a Co‑ordinate Bench, by order dated 24.09.2025, took suo motu cognizance of the broader issues.

The Court:

  • Allowed Ms. Padma Baraik to participate as an intervenor to assist in addressing systemic deficiencies
  • Clarified that she remained free to pursue her individual remedies separately, in accordance with law

Intervention and Issues Highlighted

In para 3, the Division Bench records that the intervenor submitted a note of suggestions in Hindi, which the Court took on record. The note flagged several general problems relating to handling of sexual offences, summarized as follows:

  1. Non-registration of Zero FIR

    • Despite clear provisions under Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, police allegedly failed to register Zero FIRs in sexual violence cases.
    • Victims were reportedly subjected to rude and insensitive behaviour at police stations.

  2. Procedural Violations in Recording FIRs and Statements

    • Victims were not being given free copies of FIRs.
    • Statements of victims were not being recorded by female officers as mandated under BNSS, 2023.

  3. Inadequate Compensation Practices

    • Compensation was not being awarded as per the principles laid down by the Hon’ble Supreme Court in Nipun Saxena & Anr. Vs. Union of India & Ors., (2019) 2 SCC 705 and the “National Legal Services Authority (NALSA) Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes”.

  4. Deficiencies in Shelter and Support Facilities

    • “Sakti Sadan”, Arsande, Kanke, Ranchi, and the One-Stop Centres (OSCs) across districts were reported to be lacking in basic facilities and required urgent improvements.

These concerns set the stage for the Court to explore systemic reforms and ultimately issue wide‑ranging directions to different departments of the State of Jharkhand.

Core Directions Issued by the Court

In para 89, the Bench summarizes the operative directions, which construct a multi‑layered response mechanism involving police, civil administration, educational departments, courts, legal services authorities and shelter institutions.

1. Ensuring Compliance with Section 173 of BNSS, 2023 and Zero FIR

The Court directed the Director General of Police, Jharkhand to:

  • Enforce strict adherence to Section 173 of the BNSS, 2023
  • Issue instructions to all police stations regarding compliance
  • Conduct regular monitoring to ensure that investigations follow the statutory timelines and protocols

Where officers fail to comply, the Court mandated:

  • Initiation of appropriate penal as well as departmental proceedings, in accordance with law

Furthermore, the State Government must: