A writ petition, in the nature of public interest litigation, has been filed before

the Supreme Court by Youth Bar Association of India through its National
President Sanpreet Singh Ajmani, for issuance of order or direction for
framing of guidelines regarding protection of identity, reputation & integrity of
the individuals, allegedly accused of "Sexual Offences", till completion of the
investigation regarding the "truthfulness" of such allegations.

Background

Petitioner says in the petition that due to the fast-changing nature of the
society and easy access to the social media, people nowadays restrain
themselves using their logical mind behind any news and rumors and reach
the consequences instantly.

Petition says further that as far as the protection of "integrity" in the modern
times goes, protection is lent only to the "victim" and not the "accused", who
might have been falsely or maliciously implicated and same goes against the
well-settled principle of criminal jurisprudence that "a person is presumed to
be innocent until proven guilty beyond reasonable doubt."

Considering how false accusation could ruin a person's life, petition says that
"false accusation sometimes destroys the entire life of an innocent person and
there has been instances where the person who has been falsely implicated
have even committed suicide. It does not only destroy an individual's life but
creates a social stigma to the family members too. Need of the hour demands
that some preventive measures must be taken so as to avoid and to deal with
such situations in the interest of justice."(sic)

Petition highlights how Section 228-A of the Indian penal Code provides
punishment for disclosing the identity of the victims but does not provide any
safeguard for protection of the identity and integrity of the accused in case of
false accusation.

Reputation an invaluable asset

Quoting Latin writer Publilius Syrus who said that "a good reputation is more
valuable than money" and William Shakespeare's Othello "Good name in a
man and a woman, dear My Lord, Is the immediate jewel of their souls......... ",
petition brings home the point that "reputation" is an invaluable asset and dear
to every person. Petition says that in present times where people are more
active in virtual world, the reputation and integrity of a person is always an
easy target to destroy. It reads, "It is true that the Constitution of India has
guaranteed its citizens the right to free speech but it doesn't mean that it shall
be misinterpreted and consequently anyone can be defamed."

Petition to prove its point gives example of S.Nambi Narayanan (who is an

Indian scientist and aerospace engineer and also awarded India's third
highest civilian award the Padma Bhushan) who was falsely charged with
espionage and was later on cleared of all charges and had to put up a long
fight to save his reputation. Petition says that no amount of compensation
could restore what he had lost in the process.

Relief Asked

Emphasizing on the role of judiciary and its duty towards people, petition
seeks for framing of guidelines by the court to protect the integrity of a person
who perhaps might have been falsely alleged or implicated in any sexual
offence. It asks court to frame the guidelines like it had earlier framed in
Vishaka & Ors. v. State of Rajasthan to protect the integrity of victim and to
safeguard the victim from facing the social stigma.

Petition reads that Supreme Court had on many occasions reinforced that the
"right to reputation" is an integral part of Articles 21 and 19(2) of the
Constitution of India.

It also says how the allegations of sexual harassment tarnishing the image,
repute and goodwill of a person/s in the society and its adversely affecting his
entire life in all terms even if, at later point of time he is found to be innocent,
becomes a solid ground for filing the petition before the highest court of the
country