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| PIL on identity of rape victims | | SC summons Majid Wani | | Mustansir
srinagar, Mar 15: The Supreme Court has summoned Minister for R&B, Abdul Majid Wani (former MLA Doda) in a PIL pending before the apex court since September 2011 seeking prosecution of the officials who in 2011 revealed names of over a thousand rape victims. Pertinently Wani had raised questions in the State Assembly seeking details of the cases pertaining to rape victims in Jammu and Kashmir since 2006. Though Wani withdrew his question following sharp reaction from the opposition and the civil society, however, he was made respondent in the PIL at serial No. 4.
But his address in the petition was wrongly mentioned as resident of Hiranagar, Kathua due to which he could not be served any summon since October, 2011. He was also wrongly shown as MLC in the petition and surname was also not mentioned.
Sources said the petitioner has of late filed an application before the apex court in which he has provided full particulars of Wani following which the apex court has issued summons to Wani asking him to appear before the court through his council on the next date of hearing.
The PIL filed before the apex court in October 2011 by a Jammu based journalist Rajiv Chuni had said the disclosure of the names not only violate the human rights of the victims but was also in breach of several rulings of the Supreme Court. The SC had repeatedly told the High Courts and the trial courts not to reveal the names of the victims in their judgments so as to protect their identities.
It merits a mention here that after being assailed by the opposition PDP and the civil society groups, Chief Minister Omar Abdullah had on September 30, 2011 apologized to the rape victims for revealing their identity in the State Assembly.
"There is a deep sense of shame over revealing the names of the victims. I tender an unconditional apology," Omar had told the House, soon after PDP president, Mehbooba Mufti had raised the issue in the House. She had accused the Government of demonstrating "insensitivity and callousness" while revealing the names of the rape victims and stigmatizing the hapless women and their families.
Mehbooba had slammed the Government on the issue, saying the disclosure of the identity of the victims including their names, fathers name and place of residence was in clear violation of the Supreme Court ruling and section 228 (A) of the IPC. "Their (victims') lives have been destroyed. Government has made hell out of their lives," Mehbooba had said who was supported by the CPI-M legislator MY Tarigami on the issue.
While assuring the House that such incident will not be repeated, Omar had said the information should not have been disclosed. "I do not know on what basis and why the information was disclosed. Under what circumstances these details have been revealed, I will look into it and will come back to the House," Omar had said. The CPI-M had also criticized the State Government for disclosing the identity of rape victims. He had also asked Government to apologize to the rape victims and their families.
Pertinently the Government in written reply to the questions of congress MLA, Abdul Majid Wani and Subash Chander Gupta, MLC of the same party had said that since 2006, the police had registered 1,326 rape cases in the State of which 120 cases were in Srinagar and 150 in Jammu. However, only one man has been convicted while most of the cases are pending in courts. The Government had revealed the identity of the victims, their parentage and place of residence in its reply to the question.
Seeking deterrent and exemplary punishment for those responsible for revealing the names of the rape victims, the PIL said because of disclosure of identity, they faced a harrowing time in the society as perverse minds took the opportunity to add to the ignominy by making public further details about the victims.
"Due to the unconcern and transgression shown by none other than the protectors of the State, they have facilitated blatant misuse of authority of law though their job delegated under the constitution of India is to protect the people's right," Chunni had said in his petition.
"Among women who are subjected to sexual assault or rape, only a small percentage would come forward to give complaint against the culprit to the police, others are not coming due to the social constraints.
But now this derogatory and deceitful act of the respondents, they will be furthermore discouraged to come forward and depose before the court of law or challenge this order of the respondents due to fear of getting further exposed and being cheated by the law enforcers," the petition had said.
Sources said though the Jammu and Kashmir Government had already filed response to the PIL but the apex court has also sought response from Wani who had raised the questions about the rape victims.
Confirming this to Early Time Plus Advocate General, Ishaq Qadri said the particulars of the respondent No. 4 in the petition were mentioned wrongly so he could not receive any summon from the Supreme Court due to this and as such could not file his reply to the notice issued to him by the apex court.
Qadri, however, was not sure about the date fixed for the hearing of the PIL by the apex court. AD said the State has already filed its reply to the notice and the court was informed that the question was withdrawn by the member of the Assembly and the unconditional apology tendered by Chief Minister on the floor of the House has also been put on record of the Apex Court. |
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