A Delhi court acquitted Aam Aadmi Party (AAP) MP and former Delhi Commission for Women (DCW) chairperson Swati Maliwal on Wednesday, along with her then-public relations officer Bhupender Singh, in a case accusing them of revealing the identity of a 14-year-old rape victim who died in 2016. The ruling by Additional Chief Judicial Magistrate Neha Mittal marks the end of a nearly decade-long legal battle, dismissing charges under Section 74 of the Juvenile Justice (Care and Protection of Children) Act and Rule 86 of the Juvenile Justice Rules.
The case stemmed from a 2016 FIR filed by Delhi Police, alleging that Maliwal, as DCW chief, and Singh disclosed the minor’s identity in a notice sent to the Burari police station’s Station House Officer (SHO) regarding the rape investigation. The prosecution claimed the notice was “intentionally circulated” on a WhatsApp group and displayed by a news channel, violating laws protecting minor victims’ identities. The victim, assaulted by a neighbor who forced a corrosive substance down her throat, succumbed to her injuries on July 23, 2016, triggering public outrage and scrutiny of the DCW’s actions.
The court, however, found no evidence to support the prosecution’s claims. It noted that neither the WhatsApp circulation nor the news channel’s alleged broadcast of the notice was substantiated. “When the footage was reviewed, no such notice was displayed, and the anchor did not disclose the victim’s name,” the court stated, calling the allegations “baseless and unfounded.” It further rejected the claim that Maliwal’s notice to the SHO, who already knew the victim’s details for the chargesheet, constituted a criminal disclosure. “It defies common sense to hold Maliwal liable for sharing the name with the investigating officer,” the court observed.
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The ruling emphasized the intent of Section 74, which aims to shield juveniles from stigma and trauma by restricting access to their records and anonymizing trials. The court highlighted global trends in protecting juvenile identities, such as sealing or destroying prosecution records. Initially, Delhi Police had included Section 228A of the Indian Penal Code, but it was dropped after the victim’s parents consented to disclosing her name, leaving only the Juvenile Justice Act charges.
Maliwal, now a Rajya Sabha MP, welcomed the verdict on X, calling it a vindication against “false cases” meant to tarnish her advocacy for women’s rights. The case, which drew attention to the delicate balance between transparency and victim privacy, has sparked discussions on X about the misuse of legal provisions to target public figures. As Maliwal moves forward, the acquittal reinforces her reputation as a vocal advocate, while underscoring the need for robust safeguards in handling sensitive cases involving minors.
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