To ensure equal rights, some nations choose not to name rape accused till conviction

MUMBAI: In the Republic of Ireland, a rape accused can remain anonymous until the trial is over. And even then, unless convicted and the identification wouldn’t endanger the anonymity of the complainant, he can’t be identified. But while naming and ‘shaming’ an accused in a sexual assault case is par for the course in most jurisdictions, there is a simmering debate elsewhere on the need to maintain anonymity of the accused too in rape cases.
India may well be ripe for such debate, say activists and lawyers. Early this year, the acquittal of two rugby players in a high profile rape trial in Belfast prompted both academics and parliamentarians to enter the debate in support of the Irish law on anonymity of defendants and complainants in rape trials. Five years ago, England too was in throes of a heated public discussion on the need to bring in a law to not name a rape accused till conviction.
No such law, however, emerged. But after the Belfast rape trials ended with a clean chit to the rugby players, a member of parliament in Northern-Ireland raised the demand once again to seek same right of anonymity to rape accused that a complainant has, BBC reported. Almost three decades ago, Harvard law professors had advocated non-naming of accused on mere accusations of rape.
In India now, civil rights activists agree that restraint should be exercised against naming a rape accused before at least a chargesheet, say some, and till conviction, say others. Given the rise in number of rape cases where the complainant seeks to drop charges after saying it was consensual or the promise of marriage is fulfilled, “it is increasingly clear that a change to the law is required for rape cases to protect the name of the accused till he is convicted,’’ said former Bombay HC Justice V M Kanade adding, “ I believe there should be some law but a distinction has to be made between rape case filed after a relationship has ended and one where it’s a clear case of violence or forced criminal assault.’’ “
Names of rape accused in certain cases filed need not be made public till investigation is complete and chargesheet is filed. There is stigma associated with such cases, but a false accusation can also stigmatise an accused in society,’’ said Flavia Agnes, leading women’s activist who started Majlis. “This is necessary because even an accused has a right to privacy and a fair, not public, trial,’’ said defence advocate Pranav Badheka.
While Irish law of automatic anonymity for rape accused, some campaigners of rights of rape victims argue against grant of such anonymity arguing that naming an accused, empowers other victims to come forward.