The judgment establishes the legal principle of protecting the privacy and dignity of victims of sexual exploitation by prohibiting the publication of their names or any description that may reveal their identity.

ORDER

A. Pasayat, A.C.J.

1. Petitioner has come to this Court making serious allegations that some persons by making mischievous statements including paper publications have created an impression that she is a victim of sexual exploitation. She has annexed copy of an affidavit to state that there is absolutely no truth in such statement. Role of State Womens' Commission in the matter has been highlighted. The allegations made by the Petitioner if true, constitute very serious matter particularly when credibility of a statutory body i.e. State Womens' Commission is questioned.

2. In this circumstance, we accept the prayer for treating it as a writ petition.

3. The State of Orissa represented by Secretary, Home is impleaded as opposite party No. 1 and the Orissa State Womens' Commission is impleaded as opposite party No. 2.

4. Notice be issued at the cost of the registry.

5. Allegation has been made that by publication of names of alleged sexual victims, result is social harassments and ostracisation. The dignity of a woman as sacroscant and any attempt to defile it may amount to violation of the protection of right to live with dignity given under Article 21 of the Constitution of India, 1950. In Ramroop Das v. State of Orissa reported in 1993 (6) OCR 120, one of us (Pasayat, 1.) had occasion to deal with the spirit and purpose of Section 228-A of the Indian Penal Code, 1860 (in short 'the Indian Penal Code') which prohibits printing of the name of the victim in any judgment without leave of Court. The intended purpose is to protect the dignity of the affected person. In most cases of sexual assault and harassment ultimately the victim suffers by way of social victimisation and ostracisation. In the conservative Indian Society nothing can be more unfortunate for a girl than a stigma of having been sexually harassed and/or sexually assaulted. We, therefore direct in no case,the name of the victim of sexual assault or harassment shall be published in any news paper and even no description shall be given which may reveal the identify of the victim. This direction shall also operate in respect of other medias.

6. The State of Orissa in the Department of Public Relation, and Home shall notify our order to all the News Paper registered under relevant Statute in the State and/or circulated inside the State. Any publication in variation of our direction would constitute contempt of this Court, after our order is modified to the concerned News Paper. Copy of our order be handed over to the learned Counsel for the State for immediate compliance.

7. Mr. B.B. Mohanty, a Senior Member of the Bar of this Court has agreed to assist this Court so far as the aspect relating to desirability of non-publication of names and effect of publication in the Society are concerned.

8. A copy of the brief be given to Mr. B.B. Mohanty. This matter shall be listed on 13.8.99.