Patna, April 17: Violating the guidelines of the National Human Rights Commission (NHRC) on concealing the identity of rape victims to protect them from further trauma, Patna senior superintendent of police (SSP) Alok Kumar circulated a news release having the name, age and address of a minor rape victim.

The NHRC has several guidelines to conceal the identity of a rape victim. Even the media is forbidden to publish the name and address of the rape victim. But the Patna SSP yesterday circulated a news release with the name of the rape victim.

“Making the identity of a rape victim public by any public servant amounts to criminal offence,” said KTS Tulsi, a senior advocate of Supreme Court. He said those violating the guidelines are liable for punishment under Section 188 of the Indian Penal Code.

The section, which deals with disobedience to order duly promulgated by a public servant, says, “if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”

Even apex court has ruled that the anonymity of the rape victim should be maintained. Referring to Supreme Court judgment in Domestic Working Women’s Forum vs Union of India 1995, Bihar State Human Rights Commission member Justice (retd) Rajendra Prasad said the anonymity of a rape victim should be maintained, failing which the violator would be prosecuted. “It is a fit case at least for misconduct and departmental action can be taken against the offender,” Justice Prasad said.

When reached for comment, the SSP said, “I have not uttered the name of the rape victim.” He preferred to be silent when told that he had given his statement in writing.