Rape Victim Also Suffers Discrimination From Society: Supreme Court Issues Directives To Jharkhand Administration In A Rape Victim's Plea

A rape victim suffers not only a mental trauma but also discrimination from the society, the Supreme Court said while disposing a writ petition filed by a Rape Victim belonging to a Scheduled Tribe in Jharkhand.

The victim had approached the Apex Court in 2019 by filing a writ petition contending that she was forcibly married to one Basant Yadav, in 1998. She further contended that she had one kid in the wedlock before she divorced Yadav, that she was raped by Mohd. Ali (who was later convicted) and three other accused. It was submitted that, she being the rape victim, whose identity was disclosed by the media and after knowing that she is a rape victim, no one is ready to give her accommodation even on rent; that she is not getting any help from family friends or society, that she, with three children, has no means of survival and she is not able to give education to her children, that the administration, media and society has compelled her to lead a life with no security, no job and no shelter in future.

Taking note of these aspects, and also the submissions made by the State that she has filed many complaints, the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah observed that she deserves treatment as rape victim by all the authorities. The bench issued the following directions:

(1) The Deputy Commissioner, Ranchi is directed to take measure to ensure that minor children of the petitioner are provided free education in any of the Government Institutions in District Ranchi where the petitioner is residing till they attain the age of 14 years.

(2) The Deputy Commissioner, Ranchi may also consider the case of the petitioner for providing house under Prime Minister Awas Yojna or any other Central or State Scheme in which petitioner could be provided accommodation

(3) The Senior Superintendent of Police, Ranchi and other competent authority shall review the Police security provided to the petitioner from time to time and take such measures as deem fit and proper.

(4) The District Legal Services Authority, Ranchi on representation made by the petitioner shall render legal services to the petitioner as may be deemed fit to safeguard the interest of the petitioner.

The bench also reiterated the observations made in Nipun Saxena and another vs. Union of India and others, (2019) 2 SCC 703 that no person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large. The law with regard to Section 228A is well established, all including the media, both print and electronic have to follow the law, the bench added.

Case: X vs. State of Jharkhand ( WRIT PETITION (CIVIL) NO.1352 OF 2019 )

Coram: Justices Ashok Bhushan, R. Subhash Reddy and MR Shah

Citation: LL 2021 SC 29 

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