Naming a rape victim — even if they have died — on social media platforms or using her identity to drum up support for campaigns and candle light marches will now invite penal action under Indian Penal Code and the Protection of Children against Sexual Offences (POCSO) Act. The Supreme Court on Tuesday said in no uncertain terms that the names cannot be divulged "even in a remote manner" and termed as unfortunate that instead of empathising with the victims, society treats them as "untouchable".
The direction is part of a slew of guidelines issued by a two-judge bench on a PIL demanding sufficient safeguards to be put in place to protect identity of rape victims (both adults and minor). It said that in cases where the victim is dead or of unsound mind, her name and identity should not be disclosed even under authorisation of next of the kin unless circumstances justifying the disclosure of her identity exist, which shall be decided by competent authority, that is the sessions judge. The court, however, clarified that nobody can have any objection to the victim disclosing her name as long as she is a major and has taken a decision regarding this voluntarily.
While Section 228A of the IPC and Section 23 of POCSO Act prescribe restrictions on media coverage of rape trials and investigation, the bench of Justices Madan B Lokur and Deepak Gupta extended the bar to social media platforms as well. In addition, the court even forbade police from uploading the rape FIRs online, or at least refer to rape victims with pseudonyms before submitting documents in public domain or else place it in sealed cover.
The court said that in the society, an "innocent" victim of sexual offence, especially rape, was unfortunately treated worse than the perpetrator of crime and "for no fault of the victim, society instead of empathizing with the victim, starts treating her as an 'untouchable'".
"A victim of rape is treated like a 'pariah' and ostracised from society. Many times, even her family refuses to accept her back into their fold," the court said.
The bench further directed the forensic labs dealing with the investigation of samples related to rape victims to observe full confidentiality with regard to victims' identity and the media was restrained from interviewing the victims or show any detail of the victim's village, colony, relatives, or house address that could reveal her identity. Even any information about the victim will not be accessible under Right to Information Act, added the bench.
Amicus curiae and senior advocate Indira Jaising assisted the Court in the matter and demanded that charge sheets and FIRs in rape cases should not be leaked to media. She, however, was in favour of using the name of the victim as a rallying point to win justice for similarly placed victims, particularly in cases where the victim is dead.
Directions To All Parties Involved
- The bench directed the forensic labs to observe full confidentiality with regard to victims’ identity
- Media was restrained from interviewing the victims or show any detail of the victim’s relatives, or house address
- Any information on victims will not be accessible under RTI Act
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