The Supreme Court on Tuesday said that the identity of victims of sexual assault who have died and those who have mental health issues and/or have learning disabilities cannot be disclosed, even if the consent of the parents or family is received. The court lamented that at times, victims of rapes are ‘treated worse than their perpetrators.’
“They become untouchables and society often treats them as if they are at fault," a bench of Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta said. The court further directed that Central Forensic Science Laboratory (CFSL) reports and other documents related to such cases would be handed over to the trial court in a sealed cover only, without disclosing the identity of the victims.
Speaking for the bench, Justice Gupta also advised the media to avoid sensationalising rape cases for the purpose of increasing TRPs and ordered that identity of minor rape victims cannot be disclosed, even if their families have consented to do so. The court also asked the media to refrain from interviewing the victim. The court, however, said that an adult rape survivor can speak to the media if he/she wishes.
The Supreme Court has also banned the uploading of FIRs in instances of rape and those under the POCSO cases. The SC stated that nothing can be posted on social media that may disclose the identity of the rape victim. The FIR of a rape case cannot be displayed or uploaded even after the name of the rape victim is blurred out.
The Supreme Court was hearing a Public Interest Litigation (PIL) filed by advocate Nipun Saxena who had moved the court seeking steps for the safety of women in public places. The petition was filed in the aftermath of the December 16, 2012, Delhi gangrape case.