This is a historic case involving the preservation of rape victims’ identities who are adults and child victims of sexual abuse.
nipun saxena v union of india Case Facts
- In this instance, the question arose as to how and when the identities of adult rape victims and child sexual abuse victims should be safeguarded in order to prevent needless mockery, social exclusion, and harassment.
- This was one of the problems that these cases present.
- There were two sections to the current ruling. The first section addressed victims of rape under the indian penal code, 1860 (henceforth referred to as the “IPC”), while the second section addressed victims of offenses under the protection of children from sexual offenses act 2012 (POCSO).
nipun saxena v union of india Issues
- What are the different justifications for keeping rape victims’ identities a secret from the public?
- Which injunctions allow for the disclosure of rape victims’ identities?
- Is it right that the child’s identify not be revealed to the public in the same manner as it is for adult female rape victims?
Contentions by the Parties
Petitioner:
- The Court made reference to the Indian Penal Code’s Section 288A, the 1973 Code of Criminal Procedure’s Section 327, the Amendment Act of 1983, and the idea that cases involving rape, gang rape, and other similar crimes should not be addressed in public.
- Sub-section (1) of Section 288A was also emphasized, which states that people who reveal the name and identity of someone who has been the victim of an offense covered by Sections 376A, 376AB, 376B, 376C, 376DA, or Section 376 E have committed a crime.
Respondent:
- The spokesman stated that although they support keeping the identities of the rape victims secret, such measures should not detract from the effectiveness of the police’s questioning of them.
- The identities of the victims have even been made public by the Honorable Court on numerous occasions, as demonstrated in the 1996 case of State of Punjab v. Gurmit Singh.
- Section 288A of the Indian Penal Code and the Freedom of Speech and Expression sometimes coincide.
nipun saxena v union of india Judgment
- The Court recognized the unfair treatment that victims of sexual abuse, especially rape, endure in society since they are frequently the focus of criticism and shame.
- section 228a of the indian penal code, 1860 (IPC), which forbids disclosing victim identities, was reviewed while highlighting the importance of respect and secrecy.
- Notably, identify dissemination was prohibited without permission from a competent authority, even with agreement from next of kin.
- Subject to strict circumstances, exceptions apply in cases of deceased or disabled victims.
- Regarding Section 228A IPC subsection (3), it was decided that the IPC expressly states that no one may print or publish anything pertaining to any proceedings covered by Section 228A or under Section 327(2) of the Code of Criminal Procedure, 1973 (CrPC).
- No one else may attend these proceedings, which are being conducted in camera, with the exception of the victim, if she so desires, the public prosecutor, the accused, his attorney, and the court employees. They all have a moral obligation to make sure that the outcomes of court proceedings remain confidential.
- Authorities were required to protect the names of the victims and to keep any documents and disclosures confidential.
- There were also stated provisions for identifying social welfare institutions. States and Union Territories were advised to strengthen victim assistance infrastructure by setting up ‘one-stop centers’ in each district within a year.
Although we assert that progress is being made, society still views women negatively, both generally and with regard to victims of sexual offenses specifically. Discrimination, mockery, and dehumanization are all directed towards women. Ironically, we celebrate women’s rights everywhere yet pay little or no attention to her honour. Make sure they understand that we are all behind them and will do everything in our power to help.
The legislators who drafted the relevant laws intended for the victim of such offenses to remain anonymous in order to protect them from harassment in society. In the event that individuals or media outlets fail to comply with the law and reveal the victim’s identity, they should be held accountable. The law has been established and ought to be adhered to by everyone.
Respect should be shown for all women. Rape victims receive harsher treatment than rapists in our society. We should target rapists and hold them accountable for their horrible deeds. In addition to invading the victim’s privacy, a rapist can seriously injure the victim’s bodily or mental health. However, sympathy should be shown for the victims. They ought to be given tenderness and respect.
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