The Kerala High Court ruled that revealing the names of survivors in sexual assault cases is improper, even with their consent, as it violates Supreme Court directions. Justice PV Kunhikrishnan reaffirmed the need for confidentiality during a case involving public commentator Rahul Easwar, emphasizing adherence to legal principles to protect survivors from further trauma.
Kerala: The Kerala High Court has ruled that revealing the names of survivors in sexual assault cases is improper, even if the complainants themselves consent to it. The court emphasized that disclosing survivors’ identities violates Supreme Court directions and must be strictly avoided.
Justice PV Kunhikrishnan, who presided over the case, made a strong observation, stating,
“Can the Supreme Court directions be violated, suppose the victim says that I have no objection? Can I mention the name? It’s not proper. You can make general statements, don’t individualize.”
This observation came while hearing a petition involving public commentator Rahul Easwar, who had filed an anticipatory bail application. The petition was in response to an actress warning of filing a complaint against him for making comments about her clothing choices.
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During the bail plea proceedings, the court took issue with Easwar mentioning the actress’s name in his petition, stating that it was a violation of legal principles. The High Court disposed of the petition and directed the Ernakulam Central Police to summon Easwar for questioning only after issuing a formal notice.
The police informed the court that no official case had been registered against Easwar in relation to the actress’s complaint. A police report submitted to the court confirmed that a preliminary investigation was underway following the complaint filed by the actress.
During the hearing, the High Court advised Rahul Easwar to be a champion for all citizens, not just men. This remark was made in response to Easwar’s claim that he was advocating for the establishment of a men’s commission, similar to the existing women’s commission.
Easwar had recently participated in several media discussions, including those related to the arrest of businessman Boby Chemmanur. His controversial remarks about the actress and her clothing choices had sparked outrage, leading to the legal complaint.
The Kerala High Court’s ruling reinforces the importance of protecting the identities of sexual assault survivors, ensuring they are not subjected to further trauma or public scrutiny. The judgment serves as a strong reminder that legal guidelines must be followed, regardless of individual consent.
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