CUTTACK: In a significant move to strengthen the protection of privacy in sexual offence cases, the Orissa High Court has issued a comprehensive standing order mandating strict safeguards against disclosure of victims’ identities.
The directive, issued on May 5, 2026 by registrar general Dr Bhagyalaxmi Rath, aligns with recent Supreme Court rulings and reinforces existing legal obligations.
The order draws authority from the Supreme Court’s judgement dated March 24, 2026, in State of Himachal Pradesh vs Hukum Chand @ Minu, as well as the landmark 2019 ruling in Nipun Saxena vs Union of India. These judgements emphasise the absolute necessity of maintaining confidentiality in cases involving sexual offences.
Under the new standing order, stamp reporters have been instructed to treat any disclosure of a victim’s identity - including name, address or identifying particulars - in petitions, affidavits, or annexures as a formal defect. Such filings will not be accepted without correction, ensuring that sensitive information does not enter court records inadvertently.
The High Court has also placed responsibility on legal practitioners. Counsels are now required to clearly indicate at the time of filing that a case pertains to a ‘sexual offence’ under relevant laws such as the POCSO Act, IPC, BNS, or others. This measure is intended to alert the registry in advance, enabling it to take necessary precautions during document handling.
Importantly, the order addresses previously filed cases. Lawyers must ensure that any documents already on record containing victims’ identities are edited. A substituted, edited version must be submitted, while the original unedited documents are to be preserved in sealed covers for confidential court use.
The registry has been directed to prepare anonymised versions of judgements, orders and records in older cases where identities were disclosed. These masked copies will replace originals in both physical and digital records, ensuring continued compliance with privacy norms.
With the increasing shift to digital systems, the HC has mandated that only edited documents be uploaded in the paperless module. Access to unedited material will be strictly controlled and allowed only under specific court directions.
The order further directs that in all pending matters - regardless of when they were filed - the identity of victims must not be revealed under any circumstances.
The High Court emphasised that these directions take immediate effect and warned that any deviation will be viewed seriously, underscoring the judiciary’s firm commitment to safeguarding the dignity and privacy of survivors.
