Indian law provides for the protection of the identity of sexual abuse victims under POCSO Act and Bharatiya Nyaya Sanhita.
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Earlier this week, the Special Investigation Team (SIT), probing the Lengrijan sexual abuse case, arrested a woman under Section 23 of the Protection of Children from Sexual Offences (POCSO) Act. Her arrest, for allegedly disclosing the identity of the minor victim, serves as a stark reminder of the consequences for those who undermine the law and expose highly sensitive information that can profoundly impact victims of crime, particularly in a close-knit society like ours. Indian law provides for the protection of the identity of sexual abuse victims, and breaching this provision is a criminal offence punishable by imprisonment. Government officials and the police have consistently highlighted this through various means, including awareness programmes and notifications. The Supreme Court of India has repeatedly expressed strong disapproval of the disclosure of victims' identities, whether by courts, police, media, or individuals, and has warned against general indifference. Despite these warnings, disclosures continue to occur, as seen in the 2024 Kolkata Hospital Rape and Murder case, the Himachal Pradesh rape case, and now in Nagaland—the Lengrijan case. This indicates utter carelessness, apathy towards victims' privacy and dignity, and a disregard for the law by both government officials and individuals. The Supreme Court's recent ruling, strongly disapproving of trial courts and police exposing victims' identities in official records, further underscores this point.
Indian law is unequivocal about maintaining strict anonymity for victims of sexual assault. Both the POCSO Act and the Bharatiya Nyaya Sanhita (formerly the Indian Penal Code) prohibit the media and content creators from disclosing any details, including name, address, school name, photographs, family details, or any information that could lead to the identification of victims. Under Section 23 of the POCSO Act, any person who breaches the privacy of sexual abuse victims is punishable by imprisonment for a period of not less than six months and up to one year, or with a fine, or both. Similarly, publishing or revealing such details about victims of sexual offences and crimes against women and children is a punishable offence under Section 72 of the Bharatiya Nyaya Sanhita, warranting rigorous imprisonment for up to two years, along with a fine. A victim's identity can only be made public in certain circumstances permitted by law, through a written authorisation. These stringent legal provisions reflect India's commitment to safeguarding the privacy and dignity of victims, as well as protecting them from social stigma, public scrutiny, and mental trauma. Robust legal and social support mechanisms empower victims to seek justice without fear, whereas sensationalism, media trials, and speculation only inflict emotional and psychological scars. We are called to respect human dignity without any condition.y of victims, as well as protecting them from social stigma, public scrutiny, and mental trauma. Robust legal and social support mechanisms empower victims to seek justice without fear, whereas sensationalism, media trials, and speculation only inflict emotional and psychological scars. We are called to respect human dignity without any condition.