Get Inspired, Be Empowered Forums Rights & Laws Right to non disclose the identity of victims

2 replies, 3 voices Last updated by Shailesh 8 months, 1 week ago
  • Samriti Sharma

    As a citizen of the nation we should be well aware with certain rules and laws that are made or enacted for our convenience. The right to non disclosure of Identity of any rape victim or victim of sexual assault also fall under the purview of such rights available to women in India.
    The bitter truth is that we all live in a society which isn’t sympathetic towards such victims of crimes but the people around us are rather more interested in gossiping and judging the girl, from blaming her parents, family to her character everything is questioned by people around when so ever such incidents are reported. To overcome the same and to maintain and preserve the human dignity of such a women done protective measures were taken by the government of the nation. The enactment which lays down Clear provision regarding the same is under Section 228A of the Indian Penal code, which states that:
    Who so ever, publishes or discloses the indentity of any such women against whom an offence has been committed under section/376 which deals with rape shall be punishable with imprisonment of two years along with fine.
    Such measures ensure that the right to privacy is not taken away from such a victim to enable her to life a dignified and respectful life in society. As far as Justice for the Act committed is concerned such a women has the right to record her statement before District Magistrate while the case is still under trial.
    Apart from legality we as society should also consider these aspects and should not blame her for whatever happened to her. We have a responsibility here in maintaining the secrecy of such women’s identity enabling her to move forward towards a bright future.

    Neha Potdar
    Not Helpful

    The ability of victims to remain anonymous is crucial for preserving their dignity, safety, and right to privacy. This right acknowledges that victims of trauma, abuse, or other types of victimisation should be able to decide whether or not their names are revealed.

    Victims’ confidentiality should be respected for a variety of reasons. It aids in defending them against potential harm, such as reprisals or more stigmatisation. The assurance that their names will be protected encourages people to come forward and report crimes or ask for assistance. The efficiency of justice systems and victim assistance services as a whole is a result of this.
    The retraumatization that might take place when victims’ identities are revealed without their consent might be avoided by maintaining their anonymity. The public revealing of their identities may worsen the already severe emotional and psychological difficulties that many victims currently endure, impeding their ability to rehabilitate.

    In some circumstances, there may be justifiable justifications for taking into account the public interest in revealing the identities of victims, such as increasing awareness of particular issues or inspiring others to come forward. However, any disclosure decision should be carefully considered in light of the possible harm it could do, as well as the informed consent and wellbeing of the individuals concerned.

    Regarding the revelation of victim identities, different countries have different laws and regulations. Legal systems frequently strike a compromise between the necessity to protect victims and the freedom of expression and information rights of the public. In order to strike the right balance and prioritise the rights, wellbeing, and autonomy of victims, society must constantly assess and improve these frameworks.

    Not Helpful

    Respecting the Right to Non-Disclose the Identity of Victims: Empowering Survivors

    In today’s society, the protection and well-being of victims should be of paramount importance. One crucial aspect of this is the right to non-disclose the identity of victims. This right ensures that individuals who have experienced trauma can maintain their privacy and have control over their personal information. In this article, we will explore the significance of respecting the right to non-disclose the identity of victims, highlighting how it empowers survivors and contributes to a more compassionate and supportive society.

    The right to non-disclose the identity of victims is rooted in the principle of privacy. It acknowledges that individuals who have been victimized should have the choice to keep their personal information confidential. This right is particularly important in cases of sexual assault, domestic violence, harassment, and other sensitive crimes. By allowing victims to maintain their anonymity, we create a safe space for them to heal and rebuild their lives without fear of judgment or further harm.

    Respecting the right to non-disclose the identity of victims also helps to combat the stigma and social repercussions that survivors often face. When victims are forced to reveal their identities, they may be subjected to public scrutiny, victim-blaming, or even retaliation. By safeguarding their privacy, we send a powerful message that survivors have the right to be protected and supported, free from the additional burdens that come with being publicly identified.

    Furthermore, honoring the right to non-disclose the identity of victims encourages more individuals to come forward and seek help. Many survivors hesitate to report crimes or seek support due to the fear of their identities being exposed. By ensuring their privacy, we create an environment where survivors feel safe and empowered to share their experiences. This, in turn, allows for a more accurate understanding of the prevalence and impact of various forms of victimization, leading to better resource allocation and support systems.

    Respecting the right to non-disclose the identity of victims also helps to foster a culture of trust and empathy. When survivors are confident that their identities will be protected, they are more likely to engage with law enforcement, seek justice, and access support services. This trust is essential for building effective partnerships between survivors, advocates, and the criminal justice system. It enables survivors to actively participate in legal proceedings without the fear of retraumatization or the loss of their privacy.

    It is important to note that the right to non-disclose the identity of victims should be balanced with the need for accountability and public safety. In certain cases, it may be necessary to disclose a victim’s identity to ensure the fair administration of justice or protect others from harm. However, such decisions should be made carefully, taking into account the specific circumstances and the well-being of the survivor.

    In conclusion, respecting the right to non-disclose the identity of victims is crucial for empowering survivors and creating a more compassionate and supportive society.

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