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The high court's practice directions were issued on October 4 in compliance of the April judgment
In a step to ensure that anonymity and confidentiality of survivors of sexual offences are maintained, the Delhi High Court has recently issued directions that their name, parentage and address should not be reflected in documents filed in courts.
The high court, in its 'practice directions' issued through the registrar general, directed that the court registry must carefully scrutinise all filings relating to sexual offences to ensure that anonymity and confidentiality of the prosecutrix/victim/survivor is strictly maintained and the name, parentage, address, social media credentials and photographs of the victim must not be disclosed, including in memo of parties.
The directions have been issued in compliance of Justice Anup Jairam Bhambhani's judgment passed in April this year, in which it was held that there is no requirement in law to implead the victim of sexual offences as a party to any criminal proceedings instituted by the State or the accused.
The directions said that the Registry must ensure that such particulars do not get reflected in the cause list of the court in any manner.
“The name, parentage and address of family members of the prosecutrix/victim/survivor — through whom the prosecutrix/victim/survivor could be identified — must not be disclosed in the filings, including in the memo of parties, even if they are accused in the case, since this may indirectly lead to the identification of the prosecutrix/victim/ survivor”, the practice direction stated.
“At the stage of scrutiny of the filings, in the event the Registry finds that the identity credentials of a prosecutrix/victim/survivor are disclosed in the memo of parties or anywhere else in the filings, such filings must be returned to counsel who have filed the same, to undertake requisite redactions, before the filings are accepted”, it said.
It added that if the wish to cite in court any identifying particulars of the prosecutrix/victim/survivor, including photographs or social media communications etc., such party may bring the same to court in ‘sealed cover’; or file the same in ‘sealed cover’ or in a ‘pass-code locked’ electronic folder.
“The foregoing directions are not intended to be exhaustive; and at the stage of scrutiny, the Registry is expected to apply its mind to any peculiarities of a given case, with the aim and intent of scrupulously applying the directions of the Hon’ble Supreme Court passed in Nipun Saxena vs. Union of India (W.P.(C) No. 565 of 2012)”, the practice directions read.
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