No 2-finger test, free education for rape survivors’ children: Jharkhand HC issues landmark guidelines

Underscoring that even the family members of the victims have to suffer due to the incident of rape, the order said that there are also cases where the victims and their family members face difficulty in residing at their original place of residence due to the indifferent attitude of the neighbours, compelling them to leave the said place. “This requires social sensitisation. We are hopeful that the victim-blaming public attitude will gradually change,” the bench remarked.

Chief Justice M S Sonak and Justice Rajesh Shankar were dealing with a PIL.

The amicus has urged the court to issue a direction to prohibit the “two-finger test”, and while accepting the suggestion, the order directed the Jharkhand government to issue a circular prohibiting the “two-finger test” in all government and private hospitals/medical institutions, with a further direction that any violation of the said circular will be treated as professional misconduct and the erring person will be liable to be strictly dealt with in accordance with law.

Two-finger test in India

In 2014, the Union health ministry released a document titled ‘GUIDELINES & PROTOCOLS Medico-legal care for survivors/victims of sexual violence’.

The guidelines are clear about the two-finger test, saying, “Per-Vaginum examination commonly referred to by lay persons as ‘two-finger test’ must not be conducted for establishing rape/sexual violence and the size of the vaginal introitus [opening] has no bearing on a case of sexual violence. Per vaginum examination can be done only in adult women when medically indicated.”

In fact, the guidelines state that a rape victim’s consent (or her guardian’s, if she is minor/mentally disabled) is necessary for any medical examination. Even if the consent is not provided, the victim cannot be denied medical treatment. However, these are guidelines and are not legally binding.

‘Deal rape victims with all sensitivity’

The court noted that it is the responsibility of the concerned police officers to deal with the victims of rape with all sensitivity. It added that the statement of the victims should preferably be recorded by a woman police officer not below the rank of sub-inspector.

“Proper training should be given to the police personnel dealing with such types of cases, and a periodic sensitisation programme must be conducted for their proper training. The police should ensure that a friendly environment is given to the victims of rape while recording their statements so that they are in a position to narrate true facts without any inhibition. No force or pressure should be applied to them while recording their statements,” the court emphasised.

Need for physical training for girls/women to protect themselves

• Rani Laxmi Bai Aatma Raksha Prashikshan (RAKSHA)’ under the “Samagra Shiksha Scheme” provides for the self-defence training component under “India’s Flagship Integrated School Education Programme”.
• Under the said Scheme, self-defence training is imparted to girl students of classes VI to XII in the government schools/Kasturba Gandhi Balika Vidyalayas (KGBVs) to ensure their safety, security and empowerment.
• Self-defence training is provided to the girl students of the said classes for three months, and funds are provided for this purpose, which has been increased from Rs 3,000 to Rs 5,000 per school per month.
• The girls are trained to use everyday articles such as a keychain, dupatta, Stole, mufflers, bags, pen/ pencil, notebook, etc., as weapons of opportunity/improvised self-defence weapons for their safety.

Rehabilitation and education for children born out of rape

• Article 21A of the Constitution of India mandates that the State shall provide free and compulsory education to all children, aged six to fourteen years, in such manner as the State may, by law, determine.
• The Right of Children to Free and Compulsory Education Act, 2009, also mandates free and compulsory education to all children between the age group of 6-14 years, extending protection to children belonging to disadvantaged groups and vulnerable backgrounds, ensuring dignity, equality and inclusion.
• It emphasises preventive support, including sponsorship to vulnerable families so as to keep children in school and to save them from child labour, marriage or exploitation.
• The state government is thus directed to appoint nodal officers in every district to ensure that free and compulsory education is imparted to the children born out of rape incidents till Class XII.
• The nodal officers shall also ensure that those meritorious students, who are later on selected in premier government institutes like IITs, NITs, AIIMs or IIMs, etc., are provided scholarships by the state government.
• The nodal officer shall also monitor the compliance of the directions given by this court, and if any difficulty is faced by such children, he shall communicate the matter to the Secretary, Department of School Education and Literacy, Government of Jharkhand, so as to ensure that the same is resolved without any undue delay.

Directions for timely trial

• The police officers are directed to complete the preliminary investigation of rape cases within fifteen days.
• The investigation of the rape case must be completed within two months from the date on which the information is recorded by the officer-in-charge of the concerned police station.
• Immediate legal aid must be provided to the victims by trained lawyers who will interact with the victims with all sensitivity and not as mere clients.
• He should guide the victims as to how they may get help of different kinds, such as psychological, emotional counselling or medical assistance from specialised agencies.
• Immediate care and protection should be extended to the victims under the POCSO Act within 24 hours of the incident, which includes admitting them into a shelter home and their medical examination.
• The compensation, whether interim or final, awarded to the victim, shall be paid to her by the concerned authority within 30 days from the date of passing of the order.
• The Director General of Police or the officer of the equivalent rank of the State of Jharkhand is directed to constitute a special task force in the cases of sexual offences, which shall ensure that the investigation is properly conducted and the witnesses are produced on the date fixed before the trial courts without taking unnecessary adjournments.

Court’s direction to the state

• The Director General of Police, Jharkhand, is directed to ensure strict compliance with the provisions of Section 173 of the BNSS, 2023, and, for that purpose, to issue necessary directions to all the police stations as well as to make periodic monitoring to see the compliance.
• In the event of any police officer failing to comply with the directions, appropriate steps shall be taken for initiation of penal as well as departmental action against such erring officer in accordance with law.
• The state government is further directed to arrange periodic sensitisation programmes for police personnel to ensure effective implementation of the legal mandate relating to Zero FIRs.
• The Secretary, Department of Women, Child Development and Social Security, Government of Jharkhand, is directed to cure all the shortcomings and lapses existing in the ‘One-Stop Centres’ as pointed out by the learned Amicus Curiae without further delay.
• A women-headed committee shall be constituted by the said department to receive the complaints regarding the functioning of ‘One-Stop Centres’ and to supervise operations of the said centres by assessing adequacy and quality of services so as to ensure victim-centric delivery.

• The Department of Women, Child Development and Social Security, Government of Jharkhand is directed to widely and regularly publicise the purpose, location and contact details of the shelter homes/rehabilitation centres for women victims through all means of communication, viz.
• The Department of School Education and Literacy, Government of Jharkhand, is directed to appoint nodal officers in every district to ensure that free and compulsory education up to Class XII is given to the children born out of rape incidents.

A PIL and quest for better world for rape survivors

The matter originated as a PIL filed by a woman seeking various directions for the protection and rehabilitation of rape survivors. It included the issuance of a direction for the concerned respondent authorities to register a zero FIR, irrespective of the jurisdiction of the incident, and to transfer the same to the appropriate police station without any delay or geographical restriction.

Her petition raised concerns regarding the lack of accommodation and compensation for survivors, delays in investigation and trial, disclosure of victims’ identities by the media, conduct of the prohibited two-finger test, and the need for educational and rehabilitation support for survivors and children born out of rape incidents.

Regarding the sensitivity towards the rape survivors, she sought issuance of directions to 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.

Suo motu by court on PIL

The court took suo motu cognisance of the issue based on this PIL on September 24, 2025, and she was permitted to assist the court as an intervenor. Advocate Atanu Banerjee, appearing on behalf of Jharkhand Legal Service Authority (JHALSA), has also filed notes of suggestions on the issues raised in the present PIL.

She highlighted that, inter alia, currently there is no shelter home functional in the district of Ranchi for victims/survivors of sexual assault aged more than 18 years to stay for a longer period.

It has, however, been mentioned that during pendency of the present PIL, ‘Nari Niketan’ (Shakti Sadan) has been made functional as an effective shelter home for the victims of sexual assault. Advocate Sumit Gadodia has been appointed as Amicus Curiae in this case as of May 2, 2024.