Union minister Shashi Tharoor on Tuesday dived in to what appears to be a growing clamour for making public the identity of the 23-year-old Delhi gang-rape victim by suggesting that the anti-rape law be named after her if the girl’s parents consented.

 

Tharoor, the minister of state for human resources development, wondered what purpose was served in keeping her identity secret setting off a debate on the issue.

 

“Wondering what interest is served by continuing anonymity of #DelhGangRape victim. Why not name & honour her as a real person w/own identity?…Unless her parents object, she should be honoured & the revised anti-rape law named after her. She was a human being w/a name, not just a symbol,” Tharoor tweeted. He was supported by Biocon head Kiran Mazumdar Shaw and Team Anna member Kiran Bedi.

 

Under the law, the identity of a rape victim cannot be disclosed and printing or publishing the name or any matter which may make known the identity of any person against whom rape is committed is an offence under Section 228-A of the Indian Penal Code unless the next of kin give their written consent.

 

The Supreme Court has in its judgements observed that the restriction imposed by Section 228 A does not extend to reporting of the judgments issued by trial courts, HCs and the Supreme Court. In its judgement, SC held that courts should not mention names of rape victims in their judgments, given the ignominy rape victims face in a conservative society like India.

 

Section 228-A of IPC is in sync with laws abroad, such as UK’s Sexual Offences (Amendment) Act, 1976, which guarantees anonymity to women who complain of rape. These enactments are meant to encourage rape victims to complain against assaulters without having to facing public glare and the resulting humiliation. In November, nine people were fined by a UK court for revealing the name of the victim on social media. The victim has been allegedly raped by footballer Ched Evans.

 

The US, however, is an exception. The Supreme Court there has consistently struck down state laws which prohibit the media from revealing the name of the victim of sexual abuse. However, media organizations there have scrupulously observed a self-imposed code of not publishing the name of the rape victim.

 

Tharoor’s comments also came close on the heels of Delhi Police registering a case against an English daily for publishing material which could lead to the identification of the victim.

 

In response to Tharoor, Shaw said, “That’s the question I’ve been asking as well. Especially when the new rape law needs to immortalize her by bearing her name.”

 

Bedi said, “I support Shashi Tharoor’s view, if parents don’t want to reveal the name then let the law be named Nirbhaya law…What Tharoor has said may be unique to India but not to America…I support Tharoor on naming new law on rape after her real name or ‘Nirbyaya.’ This has been done in USA: Brady, Megan, Karly, Jessica Law etc.” She said that “in naming law after her, we immortalise her will to fight and live, not on the act of rape. “This way, we may remove the stigma,” Bedi added.

 

 

 

Himanshi Dhawan, TNN, 2nd January 2013