The Supreme Court on Tuesday barred the disclosure of identity of rape victims who have died or are of unsound mind even if the parents have give the nod and only a judge will henceforth decide if disclosure is in larger public interest.

The apex court has thus barred media organisations and law-enforcement agencies from revealing the identity of sexual assault survivors laid down a number of guidelines in this regard. It also said that their names cannot be used at public rallies or on social media platforms.

“Even the dead have dignity,” a bench comprising of Justices Madan B Lokur, Deepak Gupta and Hemant Gupta said adding that “police or forensic authorities cannot disclose the names of rape survivors either, even with the parents’ consent”. Also, FIRs of sexual assault cases, especially those involving minors, should not be put on the public domain, the bench said.

The top court expressed regret over the harassment and social boycott rape survivors are subjected to after the incident. “It is unfortunate that rape survivors are treated as untouchables in society,” it said. The guidelines issued by the Supreme Court also require states and union territories to take up other measures, including the installation of
“one-stop centres” in each district within a year, to counsel and rehabilitate rape survivors.

The court said this while hearing a PIL that advocate Nipun Saxena had to introduce certain measures for the safety of women in public transport and public places, in December 2012, subsequent to the Nirbhaya gang-rape incident. The PIL was clubbed with five related writ petitions seeking effective steps to be taken by the Centre and the states to take steps to curb sexual assault, with senior advocate Indira Jaising acting as the amicus curiae.

—India Legal Bureau