‘Disclosure of identity of rape victims violates cardinal rights’

LAHORE: The Lahore High Court held the other day that disclosure of the identity of the rape victims violates the cardinal rights provided them under the Constitution.

The court observed that section 26 of the Anti-Rape Act, places an express embargo on the disclosure of the identity of the victim, as well as section 376-A of the PPC provides punishment for disclosing the name.

The court said as a consequence thereof, disclosure of the name of the victim not only contravenes the statutory protection afforded to the victims, but in addition thereto, exposes them to further trauma, stigma, and social otracisation.

The court, therefore, directed the registrar of the august court to forward the copy of this judgment to all the District and Sessions judges, as well as the Inspector General of Punjab Police, for strict compliance in all pending and future proceedings.

The court passed this order while proceeding with an appeal of one Bilal Ahmed who approached the court against the conviction awarded by a trial court to him in a rape case.

The court said in effect, disclosure of the identity of the victim violates the cardinal rights afforded to the victims provided under Article 4, Article 9, Article 14 and Article 25 the Constitution.

The court observed that all said documents, namely, judgments rendered by the trial courts, pleadings of the counsel, and FIRs composed by the police, are public documents, copies of which can be acquired by anyone.

The court said that the trial courts in their judgments, the counsel in their pleadings, as well as the police in the FIRs, refer to the victims by their complete name instead of using initials to protect them by way of concealing their identity and safeguarding their dignity.

The court dismissed the appeal of appellant and upheld the conviction and sentence awarded to the appellant by the trial court.

Copyright Business Recorder, 2025