Title: Nipun Saxena V/s The Union of India

Court: The Supreme Court of India

Case No: Writ Petition (Civil) No. 565 of 2012

Decided on: 13^th October 2022.

Coram: Honourable Justice Deepak Gupta and M.B. Lokur.

Introduction:

A landmark case in the Indian legal system for sexual offence, Nipun Saxena & Anr vs. Union of India, concerns the protection of victims’ identities from sexual assaults, especially rape and child sexual abuse. The case examines how victims of sexual assaults are stigmatized and shunned by society, and how Section 228 of the Indian Penal Code protects their identities. It also discusses the necessity of child-friendly courts and the role played by the media in revealing victim identities.

Facts:

A man murdered a woman in 2014 after raping her. The rapist was given capital punishment by the Bombay High Court on December 20. The victim’s identity and photos were revealed in reports by the media. Media outlets have been reckless in withholding the victim’s name from the general public. This leads to the victim being recognized and to social exploitation.

Section 228A of The Indian Penal Code, 1860 states that the identities of sexual assault victims must be kept private. However, since certain individuals disregard the law, the victims who have gone through a lot suffer much more. The victim is no longer supported by society, who instead begins to see her as an “untouchable”.

Question: How and in what way can sexual offence (rape) victims’ identities be preserved so that they are not the target of jeers and harassment?

Court Analysis and Decision:

The identity of the rape victims cannot ever be revealed, the Supreme Court of India ruled after carefully considering all the facts and circumstances of the case. Failure to comply with this ruling will result in a criminal offense under Section 228A of the IPC, which carries a potential sentence of up to two years in prison as well as a fine. If a rape victim files an appeal with a court under section 372 of the CRPC, she may do so while maintaining anonymity by using the aliases “X” and “Y.”

In response to the legal question of when the identity of a victim can be revealed, the court determined that in cases where the victim is deceased or of unsound mind, their “next of kin” shall have the legal right to file a petition with the court—in this case, the Sessions Judge or Magistrate—for the disclosure of the victim’s identity under Section 228A of the IPC.

Additionally, it was ruled that if the victim is a juvenile, the Special Court’s approval is required, and it must again put the best interests of the child prior to anything else. Any FIR filed under the POCSO and under the rape provisions of the IPC, such as provisions 376, 376A, and 376AB, is not to be made public by the police authority. Additionally, the authorities, including the court, who learn the victim’s name and identity throughout the course of the inquiry in the case shall keep this information confidential.

Given that the right to privacy is a basic right guaranteed to every citizen by the Indian Constitution, protecting the identities of rape victims is an essential component of justice. The IPC’s Section 228A prohibits disclosing the victim’s identity in any way, including through her name or any other data that could lead to her identification. Even while we claim to be progressing with time, our thinking is still dominated by the outdated idea that rape victims should be treated viciously even when they are not at fault. This particular social evil that targets the victims must be classified as a criminal crime with characteristics similar to rape.

Despite our claims that society is progressing, sexual assault victims and generally speaking, women continue to face discrimination in society. Women experience prejudice, mockery, discrimination, and humiliation. It is paradoxical that, while we celebrate women’s rights in other areas, we show little or no regard for her honor.

Respect should be expressed to all women. In our culture, rape victims receive harsher treatment than offenders. We should concentrate our efforts on the rapists and hold them accountable for their horrific crimes. A rapist seriously injures the victim’s psychological and physical health in addition to violating their privacy.  Victims, on the other hand, deserve sympathy. They should be given consideration and love. They should be reassured of the fact that we are all behind them and will do all in our power to help them.

In order to prevent harassment in society, the lawmakers who created the legal provisions wanted the victim of such crimes to remain anonymous. If individuals or media outlets breach these legal provisions and reveal the victim’s identity, they should be punished. Law has been established, and everyone must abide by it.

The Supreme Court of India

Written by: Akshaya Zavar

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