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A petition was filed before a three-judge bench comprising of Justices Ashok Bhushan, M.R. Shah, and Subhash Reddy of the Supreme Court by a rape victim.
The petitioner had initially filed a case under Section 376 read with Section 3(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act) against the offender. While the individual guilty of committing the grave offense of rape was convicted and served a sentence of imprisonment of 10 years, the victim, that is the petitioner in the present case found it intolerable to carry on with her daily life and activities. The petitioner in the present case submitted that due to her identity as a rape victim being revealed by the media, she has had to face the societal stigma attached to such an individual without there being no fault of theirs. She stated that due to such a perception, she is being denied rental accommodation and further stated that she had no means of survival since there was no extension of help from her family or friends. She hence approached the court to seek relief and rehabilitation measures so as to look after herself and her children for who at present she could not even afford education.
Noting the submissions of the petitioner, the court, recognizing the mental trauma a rape victim faces and discrimination against them by the society, highlighted the need for non-disclosure of the victim’s identity and the importance of adhering to the provisions under Section 228A of the Indian Penal Code (IPC) by the media. The court placed further reliance on the case, Nipun Saxena and Anr. v. Union of India and Ors. ((2019) 2 S.C.C. 703), and reiterated that no publication that would cause any revelation of the identity of the victim can be made through print, electronic, social media, etc. Further, addressing the claim of the petitioner stating that such a disclosure of her identity has left her with no job, security, or shelter, directed the Deputy Commissioner of Ranchi to ensure the victim and her children be provided accommodation under a State or Central Scheme and to ensure that free education is provided to the petitioner’s children in the district’s Government Institutions until they turn 14 years. Additionally, the court directed the Senior Superintendent of Police to ensure adequate security is provided to the petitioner.
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