Even dead have dignity, says Supreme Court

Even the dead have dignity. They cannot be “named or shamed.” This was the observation of the Supreme Court on Tuesday as it dealt with the issue of disclosure of the identity of rape victims, including the eight-year-old girl who was raped and brutally murdered recently in Kathua in Jammu and Kashmir.

It said that even in cases where the rape victims were alive and were either minors or of unsound mind, their identities should not be revealed as they have the right to privacy and they cannot live under such a “stigma” throughout their life. “Think of the dignity of the dead also. It (media reporting) can be done without naming or shaming them. The dead also has dignity,” a bench comprising Justices Madan B Lokur and Deepak Gupta said while hearing the matter in which senior lawyer Indira Jaising raked up the issue of section 228-A of the Indian Penal Code (IPC) which deals with disclosure of the identity of victims of sexual offences.

The bench, which agreed to examine the aspect related to section 228-A of the IPC, also questioned as to how the identity of a minor rape victim could be disclosed even after getting consent from her parents. “Why should this happen, that the identity of a minor victim be disclosed just because her parents have given consent,” the bench asked, adding, “Even if a person is of unsound mind, she has a right to privacy. A minor will become major. Why should this stigma be there for life”.

Jaising, who is assisting the court as an amicus curiae, said it was necessary for the apex court to clarify section 228-A of the IPC. She said there could not be a “blanket ban” on the media from reporting such incidents and the apex court would have to balance freedom of the press and the rights of the victim.

During the hearing, the bench observed that the issue required clarification. It asked that even in cases where the victim had died, “why should there be disclosure of name”. Jaising, without directly referring to the Kathua incident, said in a recent case, the victim had died which had led to a demand for justice not only in India but also globally. The bench said it would examine the issue related to section 228-A of the IPC, after which the Centre’s counsel sought time to seek instructions. The court then listed the matter for hearing on May 8.

It said that even in cases where the rape victims were alive and were either minors or of unsound mind, their identities should not be revealed