The States of Punjab and Haryana, as well as the Chandigarh Administration, were recently ordered by the Punjab and Haryana High Court to provide instructions to all offices, including educational institutions, not to insist on the father’s identity of a rape victim’s kid.
The steps proposed by Amicus Curiae Tanu Bedi were noted in a case involving the rehabilitation of rape victims and their children, and Justice Vinod S. Bhardwaj ordered that the suggestions be carried out.
“Give appropriate directions to all offices’, especially, all educational institution not to insist for fathers’ name of the child,” the Court ordered.
Additionally, the authorities stated that they did not disagree to the proposals. The Court was also informed that some of the actions had already been approved and were in the process of being carried out. The government has also been urged to cover the costs of the victims’ medical abortions, which is one of the recommendations the Court has ordered to be put into action.
“If pregnancy is detected post permissible time limit of termination and victim girl does not wish to keep child with her, then CARA (Central Adoption Resource Authority or any other authority as the case may be) should be involved for purpose of preparing all documents for quick, easy and expeditious adoption of child immediately on birth,” Bedi said in one of the suggestions.
She emphasised that if the victim decides to keep the child with her, the State should make every effort to provide for the child’s decent, healthy, and honourable development.
The authorities were requested to make sure that there are facilities for mother and child to live together in the shelter homes. According to information provided to the court, the majority of shelter residences are either homes exclusively for women or orphanages where children may reside up until the age of 18.
The court ruled that the government must take the necessary actions to guarantee that the regulations are properly carried out in order to protect the welfare of rape victims and their children as well as to rehabilitate them.
Pankaj Mulwani, Deputy advocate General, spoke on behalf of the State of Haryana. Niharika Sharma, additional advocate general, spoke on behalf of the Punjab State. The Union Territory of Chandigarh was represented by APP Simsi Dhir Malhotra and Standing Counsel Deepak Malhotra.
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