Allahabad High Court Expunges Identity Of Rape Victim After Inadvertently Revealing It

The Allahabad High Court has directed its offices to ensure that the identity of a pregnant rape survivor, who approached it seeking medical termination of pregnancy, is concealed from all court records, including any and all communications and orders passed by the Court.

A bench comprising Justices Salil Kumar Rai and Surendra Singh-I, while permitting the petitioner to undergo medical termination of pregnancy, noted that her identity had been revealed in the writ petition and was inadvertently mentioned in its order available on the High Court website.

Thus the Court directed its office to change the name to ‘ABC’ at all places so that the identity of the petitioner is not revealed. Section 228A IPC prohibits the publication of rape victims identity or any other details which may reveal their identity.

“At this stage, it is noted that the name of the petitioner and her identity has been disclosed in the body of the writ petition and consequently, on the official website of this Court. The Court could not notice the aforesaid fact on the previous date when the case was heard and, therefore, the office could not be directed to correct the records on the website of this Court concealing the identity of the petitioner. The office is directed to correct the computer records of the case by concealing the identity of the petitioner and on the title of the writ petition, the name of the petitioner shall be shown as 'ABC'. All orders or documents issued from the office, certified or photo-copies, to any person shall also conceal the name and identity of the petitioner and shall refer her as 'ABC',” Court ordered.

Keeping in mind the urgency, the Court directed that before providing copy of writ petition to the District Magistrate and the Chief Medical Officer, Ghaziabad along with the order, name of the petitioner be erased with whitener by Registrar (Compliance) instead of waiting for changes to be made in the official records.

Relying on Explanation 2 to Section 3 (2) of the Medical Termination of Pregnancy Act,1971, the Court held that since the pregnancy was a result of an offence committed on her, “the anguish caused to the petitioner by the pregnancy would be presumed to constitute a grave injury to the mental health of the petitioner.” Thus, she was entitled to undergo medical termination of pregnancy.

Citaiton: 2023 LiveLaw (AB) 353