New Delhi: The Punjab and Haryana High Court has ordered that offices and educational institutions should not insist on the father’s name of a child born to a rape survivor.
Asking the states of Punjab and Haryana and the Union territory of Chandigarh to implement the direction, a bench of Justice V. S. Bhardwaj noted in a 2 August order the need to protect the integrity and dignity of rape survivors and the children born out of such assaults.
The order, passed on a survivor’s petition for compensation, was among a slew of directives issued by the court for rehabilitation of sexual assault victims in the two states.
The directions were based on suggestions given by advocate Tanu Bedi, who assisted the court as amicus curiae. During the hearing, the petition’s scope was expanded to examine the proposal for rehabilitating rape survivors and their children, as well as improving the living conditions of shelter homes.
The court also directed setting up of “stop centres” to provide counselling to rape survivors so that they can pull through the trauma.
The stop centres should also be able to help women make an informed decision about terminating a pregnancy resulting from sexual assault, the court said.
In case the pregnancy crosses the legally permissible time limit within which it can be aborted and the victim does not wish to keep the child, then CARA (Central Adoption Resource Authority) or any other authority should be involved in preparing documents for quick, easy and expeditious adoption of the child immediately on birth, it ordered.
If the woman wishes to keep the child, the state should endeavour to render all assistance and help, which may include monthly allowance for the child’s nutritional and other needs. This would ensure a proper, healthy and dignified growth of the child, said the court.
It also observed that most shelter homes are either only for women, or are orphanages where children can stay till the age of 18. In the case of nari niketan, a male child is not allowed to stay beyond the age of 7.
The court asked the states to consider opening places where the mother is able to live with her child and the shelter home should provide a normal life to both.
“Residents of these homes are victims and are not criminal offenders to be kept like jail inmates deprived of all social connect,” said the HC, ordering that the authorities take appropriate steps to ensure that the directives are implemented for the welfare and rehabilitation of rape victims and their children.
(Edited by Nida Fatima Siddiqui)
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