Facts
- State of Kerala filed a petition seeking leave to appeal against the final order of the High Court of Kerala quashing further proceedings in Crime No 1019/2018 of Kuravilangadu Police Station.
- The SLP was dismissed on 05.08.2022 with observations on the four-year delay in the matter and the findings of the investigation that the respondents sent emails to media persons.
- Respondents filed a Criminal MC seeking quashment of the final report in S.T. No 4981/2019 and all further proceedings.
- Crime No 1012/2018 was registered against the respondents, who are nuns, for disclosing the identity of the rape victim in a separate crime registered under various IPC sections.
- The FIS stated that the respondents published the victim’s photograph on social media platform WhatsApp.
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Analysis
- Section 228-A of IPC aims to prevent social victimisation of victims of sexual offenses.
- The provision was introduced through Amendment Act 43 of 1983, effective from 25.12.1983.
- The purpose is to avoid ostracism of victims of sexual offenses.
- The respondents accused under Section 228-A are nuns.
- The court does not agree with the finding of the High Court but does not intend to delve further into the issue.
- Entrance into a religious order is considered a civil death.
- Court ruling prohibits printing or publishing the name of sexual offense victims in any media form.
- No facts should be disclosed that could lead to the identification of the victim.
- The legislative intent is to protect victims from discrimination and harassment.
- An ascetic severs connections with natural family and becomes a spiritual son of his preceptor.
- Other disciples of the Guru are regarded as his brothers.
- Co-disciples of the Guru are seen as uncles.
- A spiritual family is established on the analogy of a natural family.
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Decision
- The Special Leave Petition has been dismissed.
- The court emphasizes the need to adhere to the mandate under Section 228-A, IPC.
- However, in the peculiar circumstances of this case, the court does not intend to proceed further as it may defeat the object and purpose of the said provision.
- The court does not wish to reopen the issue in changed circumstances.
- The occurrence in question took place in 2018 and four years have passed since then.
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Case Title: THE STATE OF KERALA Vs. SISTER AMALA (2022 INSC 802)
Case Number: SLP(Crl) No.-007159-007159 / 2022
