Upholding Victim's Privacy Amidst Protest

This article aims to spread awareness and  legal framework about protecting the privacy of rape victims.

An incident at a hospital in Kolkata sparked widespread protests throughout West Bengal and across the nation. In response, not only did medical staff protest, but people from all walks of life also participated. To show their support, rallies were organized, and candles were lit. Social media was flooded with many posts expressing solidarity, and condolences and raising questions about the negligence and incompetence of the authorities that led to such a tragic incident. However, several social media posts breached the victim's privacy by sharing images of the incident.

Safeguarding the privacy of the victim is of utmost importance. Leaking the victim’s identity jeopardizes their safety and that of their family members, which can hinder the course of justice by creating fear, discouraging witnesses from coming forward, and potentially compromising the integrity of the investigation. The Supreme Court in Nipun Saxena & Anr v. Union of India(2019) 13 SCC 715 observed "A victim of rape will face hostile discrimination and social ostracisation in society. Such victims will find it difficult to get a job, will find it difficult to get married, and will also find it difficult to get integrated into society like a normal human being." pointing to the sad state of society and the judgment and stigma the victims themselves and their families have to go through. 

The identity of the victim is safeguarded by Section 72 of Bharatiya Nyaya Sanhita, 2023 (BNS) is part of Offenses Against Women and Children. According to section 72 "Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offense under section 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71 is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine." Guidelines for the prevention of the same were issued in case of  Nipun Saxena & Anr v. Union of India (2019) 13 SCC 715 in paragraph "50.1. No person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large."

Addressing the breach of section 72 of BNS and the violation of guidelines issued in the case of Nipun Saxena & Anr v. Union of India, the Supreme Court, in the case of Kinnori Ghosh v. Union of India on August 20th, issued an injunction order for the removal and prevention of the circulation of such posts on social media. The Court directed that photographs or video clips that breach the privacy of the rape victim should be promptly removed and that further circulation of such content be strictly prohibited.

A Breach of victim's privacy more than violation of law to inflict further harm, perpetuating a relentless cycle of victimization and trauma. As responsible citizens, we must be vigilant about our actions, one must be cautious in ensuring that our quest for justice does not transform into an instrument of injustice.