The Supreme Court of India has strongly condemned the disclosure of the identity of minor rape victims. The Court, in strict terms, directed all High Courts to ensure that the names of rape victims and their family members are not revealed in any court orders.
Referring to the 2018 Nipun Saxena vs Union of India case, the Supreme Court reiterated that no person can publish or disclose any information in print, electronic, or social media that could reveal the identity of the victim.
A bench comprising Justice Sanjay Karol and Justice N. Kotiswar Singh observed that negligence in implementing these directions and lack of awareness about the seriousness of such offences are major concerns.
The Court further noted that provisions to protect the identity of victims have existed in law for a long time. Following a 1983 amendment, safeguards were introduced under the Indian Penal Code (IPC), particularly in cases under Section 376. Additionally, Section 228A of the IPC strictly prohibits the disclosure of the identity of victims in rape and sexual offence cases to prevent social stigma.
The bench directed that a copy of the judgment be sent to the Registrars General of all High Courts. It also expressed strong displeasure over the non-compliance of these legal provisions.
These observations were made while setting aside an order of the Himachal Pradesh High Court, which had altered the sentence of a convict in a case involving the rape of a 9-year-old minor.
During the hearing, the Supreme Court also remarked that courts should not give undue importance to minor inconsistencies in rape cases.
