Tribune News Service
Saurabh Malik
Chandigarh, August 24
In a landmark decision that could reshape the way rape victims and their children are treated in society, the Punjab and Haryana High Court has directed the State administration to take appropriate measures for ensuring proper implementation of guidelines and suggestions, including the establishment of one-stop centres to assist victims in overcoming trauma and dealing with the consequences of assault.
Delving into broader issues of victim rehabilitation, improving shelter home conditions, and protecting the rights and dignity of survivors, Justice Vinod S. Bhardwaj observed the respondent-States had no objection to the suggestions made by amicus curiae Tanu Bedi.
“The present petition is disposed of with a direction that the recommendations shall be given effect to and the respective State administration shall take appropriate measures/steps to ensure that the guidelines/suggestions are properly implemented for the welfare and rehabilitation of the rape victims as well as of their children and improve the conditions of the shelter home,” Justice Bhardwaj asserted.
The case revolved around a petitioner who sought compensation for violations of her modesty and fundamental rights. The petitioner alleged that her right to live with dignity had been compromised due to the incident, leading to a prolonged legal battle.
While the case initially centred on compensation for the victim, the court expanded the scope to examine broader legal issues surrounding the welfare and rehabilitation of rape victims and their children. The suggestions by Bedi include psychological and emotional counselling. She stressed the importance of providing victims with regular psychological and emotional counselling, acknowledging the long-lasting impact of sexual assault on survivors’ mental well-being.
On pregnancy decision and support, Bedi suggested: “In addition to monetary compensation, as otherwise stipulated under various provisions of law, all expenses for medical termination of pregnancy or pre-natal, post natal case, as the case may be, should be borne by the State”.
If pregnancy was detected post permissible time limit of termination and victim did not wish to keep child with her, Central Adoption Resource Authority or any other authority should be involved for preparing all documents for quick, easy and expeditious adoption of child immediately on birth. If the girl/woman wanted to keep child, the State should endeavour to render all assistance and help.
