THE National Platform for the Rights of the Disabled (NPRD), in a statement issued on November 8, has strongly condemned the heinous gang rape of a mentally ill woman in Delhi.

Though the Delhi Police tracked down the culprits, it is really unfortunate that it is only after the lapse of over a month since the perpetration of the dreadful crime that the details have been shared. While the police demonstrated some sensitivity in managing the case, and did go out of the way to gain the confidence of the victim, the methods employed are disputable and problematic and highlight the lack of training of police personnel in handling such cases.

The disclosure of the victim’s personal information, including her educational qualifications, alma mater, professional credentials, and workplace, is also deeply concerning. This action, which contravenes Section 72 of the Bhartiya Nyaya Sanhita, 2023, prohibits any disclosure that may reveal a victim's identity in cases of sexual abuse and stipulates a penalty of up to two years’ imprisonment for violations.

Under Section 72, police or investigating officers can disclose such details only in good faith and solely for investigative purposes when necessary. However, there was no explicit requirement to disclose information relating to her workplace, education and residence publicly. Such unwarranted disclosures not only violate the legal safeguards established to protect such victims but also contribute to further societal stigma and emotional harm.

The tragic incident could have been prevented had there not been avoidable lapses on multiple fronts. The survivor’s family waited over a month before filing a missing person’s report. The police utterly failed to respond promptly to trace her whereabouts. It was after four months and the horrific crime taking place that the person could be traced. This could have been overcome had there been greater awareness and proactive response mechanisms within the community and law enforcement agencies as also accessible police services for persons with disabilities.

It also needs to be stressed that this incident has to be seen in the overall context of increasing cases of sexual assaults on women, including disabled women, in the country.