Law Intellect India

Protect identity in child rape: Delhi HC

rapeNEW DELHI: The Delhi high court on Thursday expressed concern over identity of child survivors of sexual offences being disclosed.

HC has directed trial courts and hospitals to ensure that guidelines laid down by it are scrupulously followed in all cases relating to children. The court said it is the duty of the hospital where a child is admitted for treatment to ensure that no details of the survivor are divulged.

A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said the norms must be adhered to since it deals with keeping the identity of the child confidential unless permitted by the Juvenile Justice Board (JJB) or Child Welfare Committee (CWC). The guidelines, prepared by a committee set up by the high court, also provide for creation of probe panels in courts and hospitals in case of such lapses.

In its latest directive, the court said that “the guidelines framed by the committee appointed by this court and as approved by this court should be implemented with immediate effect. The guidelines must be circulated in all courts and hospitals of the national capital, so that they are implemented.”

The bench said that this should be done before July 15.

The court’s direction came after it was informed that the guidelines were not being implemented, as authorities were found to be disclosing the name and identity of the children in need of care and protection.

The court was hearing a petition, filed by lawyer Anant Asthana, questioning the disclosure of identity of a 15-year-old girl who had brought a two-year-old baby to AIIMS in January 2012.

The child was admitted with severe head injury, both arms broken, bite marks all over her body and her cheeks branded with hot iron.

TOI | Apr 3, 2015

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