Ensure That Offices, Educational Institutions Don't Insist On Father's Name Of Rape Victim's Child: Punjab & Haryana High Court To State

The Punjab and Haryana High Court has directed the State governments to ensure that offices, especially all educational institutions, do not insist on disclosure of fathers’ name of the child of a rape victim.

The direction was made on a suggestion put forth by Amicus Curiae Tanu Bedi in a matter regarding welfare and rehabilitation of rape victims and children born from such offence.

The case pertained to a victim of sexual offence seeking compensation for violating her modesty and fundamental right to live with dignity. During the course of prolonged hearing of the case, the scope of the writ petition was enhanced.

Justice Vinod S. Bhardwaj said, “Taking into consideration that the respondents/States have no objection to the aforesaid suggestions made by the learned Amicus, the present petition is disposed of with a direction that the recommendations noticed above shall be given effect to and the respective State Administration shall take appropriate measures/steps to ensure that the aforesaid 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.”

The Court noted that the Schemes for financial assistance to the victim have already been notified and the grievance is addressed.

The Amicus Curiae, Tanu Bedi gave following suggestions on rehabilitation of victims of Sexual Assault and improvement of Shelter homes:

-There should be one stop centre to assist the rape victims to overcome the trauma and consequence of the assault, however the State submitted that such centres are already in existence.

-In all these places, victims of all kinds of sexual assault be provided with regular psychological and emotional counseling.

-These centres should assist the victim to take an informed decision for termination or continuation of the pregnancy as per victims’s wishes and desires.

-In addition to monetary compensation, as otherwise stipulated under various provisions of law, all expenses for MTP(medical termination of pregnancy) or pre-natal, post natal case, as the case may be, should be borne by the State.

Suggestions were also made on responsibilities of State when rape victim wants to keep the child or do not want to keep the child, in case of pregnancy.

"If the girl/woman wants to keep child with her i) State should endeavour to render all assistance and help (depending on needs of each individual cases, which may include monthly allowance to child’s nutritional and other needs) for proper, healthy, dignified growth of child. ii) Give appropriate directions to all offices’, especially, all educational institution not to insist for fathers’ name of the child" the Amicus had suggested.

For Shelter homes the amicus highlighted that, “Most of Shelter homes are either homes only for woman or are orphanages where children can live till the age of 18. In places like nari-niketan if child is boy, he is not permitted to stay after completing 07 years of age. It is desired that State provides facilities where mother and child both can live together.”

The Court noted that counsel appearing on behalf of the respective States (Punjab, Haryana and Chandigarh) submitted that they have no objection in implementing the suggestions.

Considering this, the Court directed the State administration for effective implementation of the guidelines. The petition was accordingly disposed of.

Case title: X v. State of Punjab & Ors.

Citation: 2023 LiveLaw (PH) 150

Appearance: Tanu Bedi, Advocate, (Amicus Curiae) for the petitioner.

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