The Hon’ble Supreme Court, in the writ petition being filed under Article 32 of the Constitution, wherein the rape victim was denied accommodation as her identity was disclosed by the press held that the Section 228A of the Indian Penal Code must be followed by the press and media both.
The victim was abducted from her house and a year later was married to the same person. A child was born out of wedlock who was in the custody of the father after their divorce. The petitioner had gone to meet her son where she was raped by four persons out of which one was convicted.
The court held that if the allegation of rape has been made and he is convicted the rape victim shall be protected under Section 288A of IPC. Section 288 of IPC was inserted in the Indian Penal Code by Amendment Act 43 of 1983 with effect from 25.12.1983 which discloses the identity of the victim of an offence.
By referring to the decision of the court in Nipun Saxena and another wherein it held 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 Hon’ble Court directed that due to the inability of the petitioner to get any rental accommodation being a rape victim, the case of the petitioner can be taken into consideration for allotment of any housing accommodation under Prime Minister Awas Yojna or any other Scheme of the Centre or the State.