The Supreme Court has strongly condemned the disclosure of a rape survivor’s identity and called for strict compliance with privacy protections. It directed all high courts to ensure that the names of survivors and their family members are not mentioned in court orders after the Himachal Pradesh High Court revealed the name of the victim.
The bench noted that courts have shown indifference and lack of awareness regarding the stigma faced by sexual assault survivors.
In the 2018 Nipun Saxena judgement, the court prohibited publishing or sharing any details that could reveal a victim’s identity, directly or indirectly. It also referred to the 1983 amendment to the IPC, which introduced legal safeguards to protect victims’ identities. The amendment aimed to prevent the public disclosure of survivors’ identities, which was a significant issue in earlier cases.
The court emphasised Section 228A of the IPC, which makes revealing the identity of rape victims a punishable offence. Despite being a longstanding legal provision, in cases like Arunachal, organisations often reveal victims’ identities in the media or on social media. This can have severe consequences for victims and their families, leading to social ostracism and stigma.
Therefore, it is absolutely necessary that privacy is maintained and secrecy preserved to protect victims at all costs. The Supreme Court’s directive must be taken seriously, and those who fail to comply, including the courts themselves, should face consequences.