07/03/2021
Right To Be Forgotten: Kerala HC Asks Indian Kanoon To Remove Name Of Rape Victim From Judgment
“Apart from the prejudice caused by the publication of Exhibit P4 and Exhibit P5 to the job prospects and social life of
the petitioner, the same has augmented the disrepute and shame already caused to the petitioner and her family by the
offences committed by Accused against her. The petitioner, a rape victim, is being subjected to a wider public scrutiny
on the global level and victimization due to the publication of Judgments. She is being directly associated as a victim of
unnatural offences. The petitioner, now aged 30 years, has lost any chance of getting married and leading a normal life
due to the publication of Judgments,” the petition said.
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"The Apex Court has time and again held that in order to achieve the true purport and intent of enactment of Section
228A of the Indian Penal Code, 1860, it would be appropriate that in the judgments, be it of the Supreme Court, High
Court or lower Court, the name of the rape victim should not be indicated. Such diligence should also be extended to
ancilliary proceedings arising out of the main criminal complaint, such as Writ Petitions, Criminal Miscellaneous Cases
led Section 482 of CrPC etc., such as in the instant case, where the rape victim herself is the petitioner. The judgment
includes its cause title. Thus, it is high time that guidelines are laid down stipulating that the name of a rape victim
should not be indicated even in ancilliary proceedings to the main case including in the cause title,” the petition stated.
https://www.livelaw.in/right-forgotten-kerala-hc-asks-indian-kanoon-remove-name-rape-victim-judgment/
4/19