MS. X versus THE STATE OF JHARKHAND & ORS.

MS. X versus THE STATE OF JHARKHAND & ORS.

The Court held that the petitioner is a rape victim and must be treated accordingly: the Deputy Commissioner, Ranchi is directed to ensure free education for the petitioner's minor children until they attain 14 years of age and to consider the petitioner's case for allotment of housing under Prime Minister Awas Yojna or other Schemes; the Senior Superintendent of Police, Ranchi and competent authorities shall review police security for the petitioner from time to time; the District Legal Services Authority, Ranchi shall render legal services to the petitioner as may be fit; the Court noted that disclosure of identity is prohibited under Section 228-A IPC; the petitioner has been paid...

Parties
Petitioner: MS. X; Respondent: The State of Jharkhand & Ors.
Jurisdiction
India
Judgment Date
20 January 2021
Procedural Posture
Writ Petition (civil) No. 1352 of 2019 Under Article 32 of the Constitution of India / Disposed
Outcome
Writ petition disposed with directions
Legal Topics
Rape, Rehabilitation of Rape Victims, Victim Compensation, Disclosure of Identity of Rape Victims (s.228 a Ipc), Police Protection for Victims, Free Education for Minor Children, Housing Assistance Under Central/state Schemes
Criminal Law Constitutional Law Administrative Law Media Law Victim Rights Rape Rehabilitation of Rape Victims Victim Compensation +4 more

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Parties

MS. X

Petitioner

The State of Jharkhand & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 1352 of 2019 Under Article 32 of the Constitution of India / Disposed

Legal Issues

  1. 1 Whether the petitioner is a rape victim entitled to rehabilitation and protection
  2. 2 Whether disclosure of the petitioner's identity violated Section 228-A IPC
  3. 3 Whether the petitioner was entitled to compensation under the Jharkhand Victim Compensation Scheme framed under Section 357A CrPC

Ratio Decidendi

The Court held that the petitioner is a rape victim and must be treated accordingly: the Deputy Commissioner, Ranchi is directed to ensure free education for the petitioner's minor children until they attain 14 years of age and to consider the petitioner's case for allotment of housing under Prime Minister Awas Yojna or other Schemes; the Senior Superintendent of Police, Ranchi and competent authorities shall review police security for the petitioner from time to time; the District Legal Services Authority, Ranchi shall render legal services to the petitioner as may be fit; the Court noted that disclosure of identity is prohibited under Section 228-A IPC; the petitioner has been paid...

Court Disposition

Writ petition disposed with directions

Orders

  • The Deputy Commissioner, Ranchi is directed to take measures to ensure that the minor children of the petitioner are provided free education in any Government Institution in District Ranchi where the petitioner is residing till they attain the age of 14 years.
  • The Deputy Commissioner, Ranchi may consider the case of the petitioner for providing house under Prime Minister Awas Yojna or any other Central or State Scheme.