The Punjab and Haryana High Court has recently issued a directive to the states of Punjab and Haryana, along with the Chandigarh Administration, instructing all offices, including educational institutions, to refrain from demanding the father's name when dealing with a rape victim's child, as highlighted in the case of X vs. State of Punjab.
Justice Vinod S Bhardwaj, presiding over a case concerning the rehabilitation of rape victims and their offspring, has officially acknowledged and endorsed the proposed actions put forth by Amicus Curiae Tanu Bedi. These recommendations have been officially mandated for implementation.
The Court's ruling explicitly mandates, "Provide appropriate instructions to all establishments, particularly educational organizations, to eliminate the requirement for disclosing the child's father's name."
The concerned authorities have expressed their agreement with these recommendations. Furthermore, the Court has been informed that several of these measures are already in the process of being executed and integrated.
In accordance with the Court's directions, the authorities have also been tasked with covering the expenses related to the medical termination of pregnancies for victims.
In instances where pregnancy is detected beyond the permissible window for termination and the victim chooses not to raise the child herself, it has been advised that the Central Adoption Resource Authority (CARA) or any relevant authority be engaged to expedite the adoption process promptly after birth, as outlined in one of Bedi's suggestions.
However, if the victim wishes to raise the child, the State is expected to provide unwavering support and assistance to ensure the child's proper, wholesome, and dignified upbringing.
Addressing the issue of shelter homes, the authorities have been directed to establish facilities that allow both the mother and child to reside together. Currently, most shelter homes cater solely to women or function as orphanages, where children can stay until the age of 18.
The Court has emphasized that the authorities must take effective measures to ensure the full implementation of these guidelines, fostering the well-being and rehabilitation of rape victims and their children.
During these proceedings, Deputy Advocate General Pankaj Mulwani represented the State of Haryana, while Additional Advocate General Niharika Sharma advocated for the State of Punjab. Standing Counsel Deepak Malhotra and APP Simsi Dhir Malhotra presented the case on behalf of the Union Territory of Chandigarh.
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TAGS: Punjab and Haryana High Court directive states of Punjab and Haryana Chandigarh Administration offices educational institutions father's name rape victim's child X vs. State of Punjab rehabilitation Justice Vinod S Bhardwaj Amicus Curiae Tanu Bedi recommendations implementation agreement measures medical termination of pregnancy Central Adoption Resource Authority (CARA) adoption support shelter homes mother and child facilities upbringing guidelines well-being Deputy Advocate General Pankaj Mulwani Additional Advocate General Niharika Sharma Standing Counsel Deepak Malhotra APP Simsi Dhir Malhotra.
