The Orissa High Court has issued a stringent standing order to prevent disclosure of the identity of victims in sexual offence cases, reinforcing privacy safeguards in line with Supreme Court directives.
Background of the Order
The order, issued on May 5 by Registrar General Dr. Bhagyalaxmi Rath, follows the apex court's March 24, 2026 judgment in State of Himachal Pradesh vs. Hukum Chand @ Minu and its earlier ruling in Nipun Saxena vs. Union of India (2019), both of which mandate strict confidentiality of survivors' identities.
Detailed Protocol for Court Officials
Acting on these directions, the High Court has laid down a detailed protocol for court officials, lawyers, and registry staff. Stamp Reporters have been directed to treat any mention of a victim's name, address, or identifying details in petitions, affidavits, or annexures as a defect. Such filings must be corrected before they are accepted, ensuring that sensitive information is not inadvertently recorded.
Accountability on Advocates
In a significant step, the court has placed accountability on advocates. Lawyers are now required to clearly indicate at the time of filing that a matter relates to a 'sexual offence' under laws such as the POCSO Act, IPC, BNS, or any other relevant statute. This marking is intended to alert the Registry to apply heightened scrutiny and safeguards.
Handling of Legacy Records
The order also addresses legacy records. In cases where victims' identities have already been disclosed, counsel must submit edited versions of documents, clearly marking the portions removed. The original unedited copies are to be kept in sealed covers for confidential reference by the court.
Anonymisation of Old Records
Further, the Registry has been tasked with preparing anonymised versions of judgments, orders, and other records in older cases. These masked copies will replace originals in both physical and digital case files, aligning past records with current privacy norms.
Digital Systems and Access Control
With the court increasingly relying on digital systems, the directive mandates that only edited documents be uploaded to the paperless module. Access to unedited material will be strictly limited and allowed only under specific court orders.
Applicability to Pending Matters
The High Court has also directed that in all pending matters, including those filed before the Nipun Saxena ruling, no disclosure of the victim's identity should occur in any manner.
Immediate Effect and Zero-Tolerance
The directions have come into force with immediate effect, and the court has warned that any deviation will be viewed seriously, signalling a zero-tolerance approach towards breaches of confidentiality in such sensitive cases.
