PIL FILED FOR PROTECTION OF RIGHTS AND IDENTITY OF RAPE VICTIMS

inbatv Articles, Legal Reforms

Case Name: Priyanka Deora

Dr. Noel Mathew Kuriakose

                                     Vs.

                        State of Maharashtra

                        Union of India

                        Ministry of Electronics & Information Technology

                        Ministry of Law & Justice

                        Ministry of Women & Child Development

                        Twitter Communications India Pvt. Ltd. and others

Facts

The petition was filed under article 226 of the Indian Constitution before the Hon’ble High Court of Bombay.

The PIL petition was filed concerning the rape cases. According to the petition, the plea is being made by the petitioners for the establishment of fast track courts for the speedy disposal of cases and amends the procedural laws according to the guidelines issued by the Hon’ble Apex Court and various other courts time to time in a different matter. The petition was supported by an example of state of Uttar Pradesh which has set up courts specifically for dealing with rape and POCSO cases.

 The petition also seems to raise a concern about the rape victims/survivors’ identity and protection of their families from the threat arising out by either from the accused side or the society at large.

Plea:

The following pleas are being made through the petition:

  • Facts that constitute the cause of action:

The petition seeks direction for the speedy and expeditious trial procedure and the protection of the victim’s identity. The petition highlights various past cases where such need arose. Some of the cases were the Unnao Rape case or the Hydrabad rape case.

  • Rights to a speedy trial under Article 21 of the constitution

Due to the long pendency of cases, there has been curtailment of the rights of the victim under article 21. Slow disposal of cases leads to a problem in the life of the victim to get back to her normal lifestyle which existedbefore the incidence took place. Slow disposal of casesled to the loss of faith in the Judiciary in the mind of people. Therefore, like Uttar Pradesh, other State and Central governments should also set up courts for such fast disposal.

  • Right to protection of the identity of Rape Victims

It is the right of the victims to protect their identity. The same has also been held by various courts in many earlier judgements.    In the recent Hyderabad case the victim’s identity was leaked which was a violation of her right.

Considering these points, a petition was raised in front of Honourable Bombay High Court for issuing guidelines for the resolution of the above-mentioned problems. After which the Bombay High Court issued notice to the Union of India and State of Maharashtra for the implementation of guidelines expounded by Supreme Court and amended substantive and procedural criminal laws between 2013 to 2018 which dealt with the right to speedy trial in courts all over the country and protection of identity of rape victims/survivors.

Submitted By

SakshiRaje

Student Reporter, INBA