Summary
The Supreme Court issued protective and welfare directions on a rape survivor’s petition. The district administration was to ensure free government education for her minor children until fourteen and consider housing assistance under an available scheme. Police security remained subject to periodic review, and the legal services authority was to assist on representation. The Court reiterated restrictions on disclosure of a survivor’s identity and noted that compensation under the existing scheme had already been paid.
Issues
- What education, housing, security and legal-assistance directions were appropriate for the petitioner.
- What protection applied against publication identifying a rape survivor.
Provisions considered
- Section 228A, as considered in the judgment, Indian Penal Code, 1860The Court reiterated the statutory restriction and prior directions against direct or indirect disclosure of a rape survivor’s identity, including by print and electronic media. It did not adjudicate a separate prosecution of a publisher in this petition. (¶¶ 21, 22, 23)
Held
- The petitioner’s status as a rape survivor was established by the conviction in one case, independently of the outcomes or pendency of her other complaints. Authorities were required to treat her accordingly. (¶¶ 16, 17)
- The Deputy Commissioner was directed to ensure government-institution education for the minor children until fourteen. Housing assistance was to be considered under an available Central or State scheme, rather than ordered as an unconditional allotment. (¶¶ 18, 19, 20, 26, 27)
- The competent police authorities were to review the existing security from time to time and take appropriate measures. The district legal services authority was to provide suitable assistance on representation. (¶¶ 13, 14, 27)
- Identity protection extends beyond naming the survivor to publication of identifying facts. The existing compensation mechanism had already been invoked and payment made; no additional fixed compensation was awarded in this order. (¶¶ 21, 22, 23, 24, 25, 27)
Result
Writ petition disposed of with directions on children’s education, consideration of housing assistance, review of security and legal services; identity-protection obligations reiterated.