Court clears Maliwal in case involving revelation of rape victim's identity
A Delhi court has acquitted Swati Maliwal, the former chairperson of the Delhi Commission for Women and current Rajya Sabha MP, of allegations that she violated the Juvenile Justice Act by disclosing the identity of a 14-year-old rape victim.
The case stemmed from a 2016 FIR filed by the Delhi Police, who accused Maliwal and her media advisor, Bhupinder Singh, of revealing the victim's identity in a notice circulated to media and WhatsApp groups. The police alleged that the notice, sent by Maliwal to the deputy commissioner of police (North) and the SHO of Burari Police Station, named the victim and was intentionally circulated, thereby breaching the protective provisions under the Juvenile Justice (Care and Protection of Children) Act.
However, the acquittal order passed by Additional Chief Judicial Magistrate Neha Mittal found insufficient evidence to prove the offence beyond a reasonable doubt. The magistrate noted that neither the WhatsApp notice sent by Singh revealed the identity of the minor victim nor was the allegation of sharing a copy of the notice with a news channel proved.
The court also observed that there is nothing in the chargesheet to show that the accused persons sent the notice to Times Now. The anchor of the Times Now program did not reveal the name of the minor victim in the entire program.
Implications on the Juvenile Justice Act:
- The acquittal underlines the high standard of evidence required to establish violations of anonymity provisions protecting minor victims of sexual offences under the Juvenile Justice Act.
- It reaffirms judicial commitment to protecting the identity of child sexual assault victims, while also ensuring that accusations of breach are not upheld without clear proof.
- The judgment may influence how authorities and public officials approach communication about sensitive cases involving minors, emphasizing caution but also accuracy in allegations of identity disclosure.
- The case highlights challenges in balancing transparency, victim protection, and freedom of expression in such sensitive matters.
In summary, while Swati Maliwal was acquitted due to lack of sufficient evidence, the case reinforces the critical importance of protecting victim identities as enshrined in the Juvenile Justice Act, emphasizing that violations must be proven beyond reasonable doubt to hold accused persons accountable.
Following the acquittal, the police later dropped charges under IPC Section 228A (prohibition on disclosure of identity of the victim) after the victim's parents stated that they had given their consent to disclose their child's name.
- The acquittal of Swati Maliwal, a Rajya Sabha MP, in the case involving the disclosure of a 14-year-old rape victim's identity, underscores the significance of the protection provisions for minor victims in the Juvenile Justice Act, especially the need for strong evidence to establish violations, even in sensitive cases like crime and justice.
- The case of Swati Maliwal, the former chairperson of the Delhi Commission for Women, demonstrates the complex interplay between politics, general-news reporting, and the legal system, as well as the emphasis on upholding the anonymity of victims in the context of crime and justice, while ensuring accountability for violations of such provisions.
