New Delhi:The Supreme Court on Monday issued a notice to the Centre and Information and Broadcasting Ministry on two petitions seeking a direction for framing of guidelines to protect the identity, reputation and integrity of an individual accused of sexual offence till completion of the investigation.
A division bench comprising Justices Sharad Arvind Bobde and BR Gavai asked the respondents to file a detailed reply on the pleas.
"We seek a detailed reply from the respondents, including the Union government and others," the court said.
The pleas have been filed by lawyer Reepak Kansal and the Youth Bar Association of India (YBAI).
The petition stated that the name of the accused surfaces in media reports and the said person’s reputation faces severe damage even if charges are proven false.
It also added that false accusation sometimes "destroy the entire life of an innocent person" and there have been instances where the accused, who has been falsely implicated, have even committed suicide.
The petitioners cited Vishakha guidelines, framed by the Supreme Court to protect the integrity and safeguard rape victims of sexual harassment cases, and sought similar guidelines for those accused in such cases.
The petition also highlighted the lacuna in section 228-A of Indian Penal Code which provides punishment for disclosing the identity of the victim but not of the accused.
It said that the identity of the accused should also be kept under wraps unless convicted since the reputation of the accused is lost forever even if the person is acquitted.
“Need of the hour demands that some preventive measures must be taken so as to avoid and to deal with such situations in the interest of justice," said the petition.
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