Kerala High Court Drops Proceedings Against Two Nuns Accused Of Sharing Rape Survivor's Photo With Media

The Kerala High Court on Thursday quashed the proceedings against two nuns for allegedly disclosing the identity of a rape survivor by sharing her photo with the media.

The nuns had shared a photograph of the rape survivor along with a few priests via email to three media personnel, however, the name or identity of the survivor was not published in the reports. Moreover, the email contained specific instructions to the recipients to not publish the photograph.

Therefore, Justice Kauser Edappagath found that their acts would not attract the offence under Section 228A of IPC since it was only a private communication.

"Of course, the report carries the photograph of the victim. But a specific instruction was given by the petitioners to the recipient of the e-mail that the identity of the person in the photograph or identity of the victim shall not be published at all. It is submitted that, that is not published also. Hence, I am of the view that, it is only a private communication between two persons. The circumstance shows that there was no intention on the part of the petitioners to disclose the identity of the victim involved in a sexual offence to the public at large or even to a third party."

The order was issued on a plea moved by two nuns to quash the proceedings against them at the Judicial First Class Magistrate Court-I for the offence under Section 228A of the IPC (disclosure of identity of the victim of certain offences).

The prosecution alleged that the petitioners had caused the publication of a photo of a survivor involved in a case under Section 376 of the IPC by disclosing her identity.

Advocates Alex Joseph and Nisha K. Peter appearing for the nuns argued that even if the entire allegations against the petitioners are believed, no offence under Section 228A is made out. They further pointed out that although the initial allegation was that the petitioners published a photo through WhatsApp, it was later found that it was merely an e-mail sent to three media persons.

However, Public Prosecutor M.P Prasanth asserted that even a private communication between two individuals, particularly with media personnel, disclosing the identity of the victim would fall within the ambit of Section 228A of the IPC.

After perusing the copy of the impugned e-mails which contained the photograph, the Court concluded that it was only a private communication that did not fall under the ambit of Section 228A IPC.

"In the report, the name of the victim has not been disclosed at all. However, after the report, a photograph of the victim along with a few other priests had been shown. But it is specifically stated at the end of the report that the identity, as well as the face of the victim, shall not be published." 

As such, the petition was allowed and the proceedings against the nun were thereby quashed.

Citation: 2022 LiveLaw (Ker) 111

Click Here To Read/Download The Order