Why in the news?
The Supreme Court of India flagged serious lapses by trial courts and police in protecting the identity of sexual assault survivors and warned about general indifference towards statutory safeguards.
What Did the Supreme Court Observe?
• General indifference by trial courts and police
• Disclosure of survivors’ identity in court records and affidavits
• Violation of legal safeguards protecting survivors
• Court intervened twice in one week
• Directed redaction of names and identity details
What Were the Recent Cases Highlighted?
Gurugram Case
• 3.8 year old survivor case
• Police affidavits disclosed identity details
• School records attached with personal details
• Bench headed by Chief Justice Surya Kant
• Supreme Court Registry ordered to redact identity
Himachal Pradesh Case
• Nine year old survivor
• Identity disclosed in court documents
• Bench headed by Justice Sanjay Karol
• Court termed disclosure disturbing
Which Law Protects Survivor Identity?
Section 228A IPC Now Section 72 BNS
• Section 228A IPC now Section 72 Bharatiya Nyaya Sanhita (BNS)
• Prohibits disclosure of sexual assault survivor identity
• Applies to Police, Courts, Media, Public
• Violation is a Criminal Offence
| [2024] Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy? (a) Article 15 (b) Article 16 (c) Article 19 (d) Article 21 |
