Silenced Names, Speaking Laws: A Victimological Study Of Identity Protection And Media Compliance In India.
Dr. Anju Chaudhary, University of Legal Studies, Panjab University, Chandigarh
Ramanpreet Kaur, University of Legal Studies, Panjab University, Chandigarh
“When victims are exposed to public scrutiny, the harm of violence is multiplied rather than remedied”— UN Special Rapporteur on Violence Against Women
ABSTRACT
For many victims, crime does not end with the act itself. It continues through the complex physical, psychological, social, and emotional harm which is often worsened by the responses that follow it. When a victim's identity is revealed—whether through official processes or media coverage—the veil of privacy is lifted and thereby the private suffering of an individual is exposed to public scrutiny. Moreover, in today’s digital world, such exposure is no longer temporary. Though, for many people “a single click” serves as a means for instantly locking the moments of elation of their lives, but for many others it proves to be catastrophic. The reason being that when this click is uploaded online, it adopts its own life which is non-erasable; uncontrollable; and; capable of infinite replication, archiving, and redistribution. Further this digital permanence can cause instant, widespread, and irreversible distribution, exposing mental trauma in public domain and thereby increasing secondary victimization at the hands of both citizens as well as netizens. Moreover, in Indian society where transgender and transfeminine persons still struggle for social acceptance, it would be unrealistic to expect that public disclosure of victims of sexual offences would be spared from harassment and stigma. Against this backdrop, this article focuses on an important safeguard of Indian victim-centered criminal justice system i.e., the non-disclosure of victim identity. The study examines victim vulnerability from a victimological perspective and reviews the legal framework that governs their non-disclosure. It pays special attention to the Supreme Court's ruling in Nipun Saxena v. Union of India. It evaluates recent cases, including the RG Kar rape case, Hyderabad Rape case and Others to check compliance with judicial standards and legal protections. It also critiques the role of media and state authorities in a digital information environment. Additionally, it compares identity-protection laws in the United States, the United Kingdom, and Australia. The article wraps up by suggesting legal and institutional reforms to prevent re-victimization and improve the protection of victim dignity and privacy in the digital age.
Keywords: Victim, Victimology, Non-Disclosure of Victim Identity, Media, Digital Era, Sexual offences.
