High Court Flags Gaps in Rape Victim SOPs, Urges Policy for Full-Term Pregnancies and Adoption

A court has flagged significant shortcomings in the state’s implementation of standard operating procedures (SOPs) meant to assist victims in sensitive cases, stressing the need for a more robust and coordinated response system. The observation came during the hearing of a matter concerning support mechanisms available to victims, where the bench noted that the mere existence of guidelines is insufficient without effective execution on the ground.

The court emphasised that the state must put in place dedicated schemes for victims who choose to carry their pregnancies to full term. It also underscored the importance of having clear provisions for cases where victims may wish to give their child up for adoption. According to the bench, a victim-centric framework that addresses both possibilities with sensitivity and clarity is essential.

Highlighting additional gaps, the court pointed to the need for timely compensation to victims and proper preservation of the foetus in cases where it may be required as evidence during trial. Such measures, the court noted, are crucial both for ensuring justice and for providing meaningful support to affected individuals. Authorities were urged to ensure strict compliance with these requirements.

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While the court clarified that it is not presently directing the state to introduce new measures, it strongly recommended the creation of a comprehensive policy with clear procedural details and effective monitoring at every stage. The framework, the bench said, should operate from the moment a rape or unwanted pregnancy is first reported until medical termination of pregnancy is offered or appropriate treatment is provided.

In its February 6 order, the court also stressed the need to appoint nodal authorities working in coordination with expert counsellors, probation officers, and medical professionals. Counselling for both the victim and her family was described as vital to informed decision-making. Without such structured and coordinated support, the court warned, the state’s intention to adequately care for victims may remain unfulfilled. The matter is scheduled for further hearing on March 13.

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