The Chief Justice of India, D.Y. Chandrachud, has expressed serious concern over the rampant sharing of the identity of the victim in the tragic rape and murder case at RG Kar hospital in Kolkata. The revelation of details concerning victims of rape or any sexual assault is strictly prohibited under Indian law. Despite this, the image and name of the RG Kar sexual assault victim were widely circulated on social media platforms.
Initially, the trainee doctor was labeled as ‘Nirbhaya 2’, drawing a parallel to the 2012 Delhi gang rape and murder incident. However, social media users strongly objected to this label, arguing that “she is not a movie sequel”. Many users also expressed disapproval of attempts to use the deceased doctor’s name, who tragically died after working for 48 hours straight at RG Kar hospital.
Prominent YouTuber Dhruv Rathee also shared posts that revealed the victim’s identity. Rathee’s post received significant engagement, garnering 66,000 likes and over 12,000 retweets. Furthermore, a complaint has been filed against Dr. Sandip Ghosh, the former principal of Kolkata’s R G Kar Medical College and Hospital, accusing him of disclosing the identity of the 31-year-old postgraduate trainee doctor.
Kolkata Police have issued summonses to former BJP MP Locket Chatterjee and two renowned doctors – Dr Kunal Sarkar and Dr Subarna Goswami – for allegedly spreading rumors and disclosing the identity of the woman doctor.
Legal Consequences of Sharing Rape Victim Identity
Disclosing the identity of a sexual assault victim is a serious criminal offense. The Bharatiya Nyaya Sanhita (BNS), 2023, which replaced the Indian Penal Code, criminalizes such disclosure. Section 72 of the BNS states that anyone who prints or publishes the name or any information that could reveal the identity of a victim of offenses like rape or sexual assault could be punished with imprisonment for up to two years.
Why Rape Victim Identity is Protected
The Supreme Court has repeatedly emphasized the profound societal issues faced by survivors of sexual assault, highlighting that they are frequently marginalized and ostracized by their communities. In its 2018 ruling on the Nipun Saxena case, the Court stressed the critical importance of maintaining confidentiality to protect victims from further trauma and create a more supportive environment for reporting such offenses.
By safeguarding the identity of victims, the legal system aims to encourage victims to come forward without fear of public shame or retaliation, allowing for a more just and effective response to sexual assault crimes.
