While disposing of a writ petition filed by a rape victim from ST tribe, the Supreme Court remarked that a rape victim suffers mental trauma and faces discrimination from society.
Case Before the Court
The victim approached the Supreme Court in 2019 and contended that she was forcibly married to Basant Yadav in 1998. She further stated that she had a kid with Yadav before she divorced Yadav, and later Mohd Ali and three others raped her.
Before the Court, the victim stated that the media had disclosed her identity as a rape victim, and due to this she was not getting houses on rent, family, friends and society were not ready to help her and that she has no means of survival and to provide education to her children.
She further stated that society, media and administration has compelled her to lead a life with no job, no security and no shelter.
Directions of the Court
After listening to the submissions of the victim, the Court observed that the victim needs to be treated like a rape victim by the authorities and issued the following directions:-
- The Court directed the Deputy Commissioner, Ranchi to provide free education to the victim’s children until they reached fourteen years.
- Deputy Commissioner should consider providing a house to the victim under Prime Minister Awas Yojna or any other scheme.
- Senior Superintendent of Police, Ranchi shall review police security provided to the victim.
- District Legal Services Authority, Ranchi should provide legal services to the victim and take other measures to safeguard the victim’s interests.
The Court also reiterated the observations mentioned in Nipun Saxena & Anr vs Union of India & Ors that no person should disclose a rape victim’s identity in electronic, print or social media and further stated that law concerning Section 228A is well settled and all media portals should follow it.
Title: X vs the State of Jharkhand
Case No.:WRIT PETITION (CIVIL) NO.1352 OF 2019
Date of Order: 20.01.2021
Coram: Hon’ble Justice Ashok Bhushan, Hon’ble Justice R. Subhash Reddy and Hon’ble Justice MR Shah