The Delhi High Court sent notice to the Delhi government regarding a petition requesting a ban on revealing the name and other identifying information of individuals accused in rape cases without prior court authorization. This petition was filed by a person accused in a rape case, who was charged by the police last year based on a complaint filed by a female doctor.
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NEW DELHI: The Delhi High Court addressed a plea concerning the anonymity of individuals accused of rape, which has sparked significant legal and ethical debates. This plea, targets the current practice of disclosing the names and identity details of accused individuals without judicial approval.
Justice Swarna Kanta Sharma has called upon the Delhi government to present its stance on this matter by August 8, highlighting the importance of this issue. The court’s directive,
“Issue notice. Ms. Nandita Rao, learned ASC accepts notice on behalf of State and seeks time to file Status Report,”
-underscores the procedural steps being taken to address the petitioner’s concerns.
The appeal was initiated by a doctor embroiled in a rape case, accused by a fellow doctor in 2023 under allegations rooted in a deceptive marriage proposal. The petitioner, a 54-year-old who was formally charged, contends that the marriage with the complainant was legitimate and occurred in 2022. Granted pre-arrest bail by the trial court earlier in the year, he argued that the ongoing public disclosure of his identity infringes upon his fundamental rights, especially given that his arrest had not occurred during the investigation phase.
The crux of the petitioner’s demands lies in the enforcement of anonymity until the conclusion of the trial, insisting that any publication of his name or identifiable information without court authorization should be deemed a violation of his rights. He calls for the Delhi government to establish explicit guidelines ensuring the “dignity, reputation and privacy” of individuals accused of rape or related offences, as articulated in his plea:
“Issue a slew of appropriate guidelines, unless they are aptly framed by the respondent no. I, to protect the dignity, reputation and privacy of the persons accused of offence of rape or offences punishable under Sections 376, 376A, 376AB, 3768, 376C, 3760, 376DA, 376DB or 376E of 1.P.C., till the end of the trial and proven guilty.”
Additionally, the accused demands a strict prohibition on the disclosure of identity in media outlets, including print, electronic, and social platforms, prior to trial completion. He suggests that trial courts and police should ensure that documents in rape cases mask personal details of the accused to prevent public dissemination.
The petitioner has also advocated for the removal of online content that reveals his identity and seeks to restrict media discussions potentially harmful to his reputation.
While addressing these concerns, the Court has also advised the petitioner to modify the terminology used in his plea, specifically replacing ‘lower court’ with ‘trial court,‘ to ensure clarity and proper legal context. The Court has ordered an amendment to the petition before the next hearing, emphasizing the procedural correctness in the legal proceedings.
Notably, the court has maintained the confidentiality of the accused’s identity in the case documentation, aligning with the subject matter of the plea.
CASE TITLE:
DG vs. The State NCT of Delhi & Ors.
Click Here to Read Previous Reports of Delhi High Court and Rape
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