Court on its Own Motion Vs State of Jharkhand (Jharkhand High Court)
The proceedings originated as a Public Interest Litigation seeking various directions to strengthen the legal and institutional framework for protection, rehabilitation and support of rape and sexual assault victims. Since the original petitioner sought to pursue personal grievances, the Jharkhand High Court converted the matter into a suo motu proceeding while permitting her to assist as an intervenor. The issues raised included mandatory registration of Zero FIR, shelter facilities, compensation, free education for children born out of rape, protection of victims’ identity, victim-sensitive policing, prohibition of the two-finger test, awareness programmes, livelihood support, psychological counselling and emergency helplines. The Court also considered suggestions submitted by the Jharkhand State Legal Services Authority and the Amicus Curiae.
On the issue of Zero FIR, the Court referred to the decisions in Satvinder Kaur v. State (Govt. of NCT of Delhi) and Lalita Kumari v. Government of Uttar Pradesh, the Ministry of Home Affairs advisories, Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Bureau of Police Research and Development SOP on Zero FIR and e-FIR. It held that registration of Zero FIR for cognizable offences irrespective of territorial jurisdiction is mandatory and that police officers cannot refuse registration on jurisdictional grounds. Observing continued non-compliance resulting in delay in medical examination and recording of statements in sexual offence cases, the Court directed the Director General of Police to ensure strict implementation, issue necessary directions to all police stations, conduct periodic monitoring, organise sensitisation programmes, and initiate departmental and penal action against erring officers.
