The Supreme Court has taken a tough stand on revealing the identity of victims in rape cases, calling it condemnable in the strongest possible terms. The apex court has directed all the High Courts to ensure that the identity of the victim or her family is not revealed in any form in the court orders.
A bench of Justices Sanjay Karol and N Kotishwar Singh said the 2018 Nipun Saxena vs Union of India judgment had made it clear that the identity of the victim cannot be revealed in any medium (print, electronic or social media).
Concern expressed over non-compliance of law
The Supreme Court said that despite this, this rule is not being followed in the lower courts. This was attributed to the apathy of the courts and lack of awareness about the social stigma associated with such crimes.
Emphasis on legal provisions
The court said that Section 228A was added by amending the Indian Penal Code in 1983, the purpose of which is to prevent the identity of rape victims from becoming public. Earlier, there were no clear legal restrictions, due to which the victims had to face social exclusion and mental trauma.
Strict instructions to the High Court
The bench has directed to send a copy of its order to the Registrar General of all High Courts, so that strict implementation of this law can be ensured. The remarks came while the court was reviewing a decision of the Himachal Pradesh High Court, which had acquitted a man accused of raping a nine-year-old girl. The Supreme Court said that in such cases small contradictions should not be given much importance.
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