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MUMBAI: In the Republic of Ireland, an accused of rape may remain anonymous until the end of the trial. And even then, unless he is found guilty and the identity does not compromise the anonymity of the complainant, he can not be identified. However, while naming and "shaming" an accused in a badual badault case is normal in most jurisdictions, there is a debate elsewhere about the need to preserve the accused's anonymity in criminal cases. of rape.
India may well be ripe for such a debate, say activists and lawyers. Earlier this year, the acquittal of two rugby players in a rapist trial in Belfast prompted academics and parliamentarians to join the debate in favor of Irish law on the anonymity of defendants and defendants. complainants in rape trials. Five years ago, England also participated in a lively public debate on the need to introduce a law not to name an accused rape until his conviction.
Read also: Karan Oberoi was sentenced to 14 days in prison, his family is happy "It's a step closer to bail". But after the closure of the rape trials in Belfast, a member of the Northern Ireland parliament again asked to claim the same right to anonymity of an accused rape as a complainant, said the BBC. Nearly three decades ago, Harvard law professors advocated not to name accused on simple rape charges.
Read also: "Karan Oberoi's rape charges are false. It caused irreparable harm "
In India, civil rights advocates agree that it is appropriate to exercise restraint in order to be able to name an accused of rape before at least one sheet of paper. Accusation, according to some, and up to one conviction, others. Given the increase in the number of rape cases for which the plaintiff seeks to abandon the charges after stating that the marriage was consensual or that the promise of marriage was fulfilled, "it is becoming more and more obvious that 39, a change of law is needed to protect the names of raped persons. "I think that there should be a law, but we must distinguish between rape cases filed after the end of a relationship and those where it is clearly a case of violence." or forced criminal badault. "
Read also: Pooja Bedi on the Karan Oberoi rape charges – It's time to start a #MenToo move
" The names of the rape defendants In some cases filed do not need to be made public until the investigation is complete A stigma case is badociated with such cases, but a false accusation may also stigmatize an accused in society, "said Flavia Agnes, the leading women's activist who launched Majlis, even an accused has the right to privacy and a fair trial, and not public," said the lawyer. defense, Pranav Badheka.
Read also: The Irish law of automatic anonymity for rape accused is often invoked by the HC.
Some rights activists of rape victims plead against the granting of such anonymity, claiming that the designation of an accused, allows other victims to come forward.
Read also: "In relations that went wrong, the cops must first investigate before being arrested"
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India may well be ripe for such a debate, say activists and lawyers. Earlier this year, the acquittal of two rugby players in a rapist trial in Belfast prompted academics and parliamentarians to join the debate in favor of Irish law on the anonymity of defendants and defendants. complainants in rape trials. Five years ago, England also participated in a lively public debate on the need to introduce a law not to name an accused rape until his conviction.
Read also: Karan Oberoi was sentenced to 14 days in prison, his family is happy "It's a step closer to bail". But after the closure of the rape trials in Belfast, a member of the Northern Ireland parliament again asked to claim the same right to anonymity of an accused rape as a complainant, said the BBC. Nearly three decades ago, Harvard law professors advocated not to name accused on simple rape charges.
Read also: "Karan Oberoi's rape charges are false. It caused irreparable harm "
In India, civil rights advocates agree that it is appropriate to exercise restraint in order to be able to name an accused of rape before at least one sheet of paper. Accusation, according to some, and up to one conviction, others. Given the increase in the number of rape cases for which the plaintiff seeks to abandon the charges after stating that the marriage was consensual or that the promise of marriage was fulfilled, "it is becoming more and more obvious that 39, a change of law is needed to protect the names of raped persons. "I think that there should be a law, but we must distinguish between rape cases filed after the end of a relationship and those where it is clearly a case of violence." or forced criminal badault. "
Read also: Pooja Bedi on the Karan Oberoi rape charges – It's time to start a #MenToo move
" The names of the rape defendants In some cases filed do not need to be made public until the investigation is complete A stigma case is badociated with such cases, but a false accusation may also stigmatize an accused in society, "said Flavia Agnes, the leading women's activist who launched Majlis, even an accused has the right to privacy and a fair trial, and not public," said the lawyer. defense, Pranav Badheka.
Read also: The Irish law of automatic anonymity for rape accused is often invoked by the HC.
Some rights activists of rape victims plead against the granting of such anonymity, claiming that the designation of an accused, allows other victims to come forward.
Read also: "In relations that went wrong, the cops must first investigate before being arrested"
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