Tells govt to formulate a separate Act for the same

Kathmandu, December 25:

The Supreme Court today directed the government to promulgate a separate Act to protect the privacy of HIV- infected persons, women and children during trial in any court of law.

A division bench of justices Khil Raj Regmi and Kalyan Shrestha issued the verdict, acting on a Public Interest Litigation filed by president of Forum for Women, Law and Development Sapana Pradhan Malla.

The apex court directed the authorities including the office of the Prime Minister and

the Cabinet (PMO), the Ministry of Law, Justice and Parliamentary Affairs, the Parliament, the Ministry of Women, Children and Social Welfare and the Ministry of Health and Population to promulgate the Act.

“Privacy of women, children and HIV-infected persons should be protected while filing FIR, deciding on any case and even while making public any decision,” the bench ruled.

The bench also issued guidelines to be followed until such an Act is promulgated and told the authorities to follow the guidelines from January 25.

The bench added that the Supreme Court Registrar would coordinate with the executive branches, specially the police, for the implementation of the guidelines.

Under the existing laws, identities of women, children and HIV-infected persons are revealed in cases related to rape, trafficking, relation establishment or divorce, the petitioner said, asking the Supreme Court to amend the laws so as to protect the privacy of such parties

in the case.

She claimed that women are sensitive due to their body structure and the social conception about them and their identity in such cases must be kept secret so as to protect them from the social discrimination they might have to face in the future after the revelation of their privacy during trials.

The petitioner also added that some countries have developed a practice to keep the names of the victims secret and call them X or Y or A or B while trying any case.

“The victims would face negative impact in their daily lives if their identities are not protected.”