Legality of Circulating Complainant’s Wedding Photos in Rahul Mamkootathil Case
An FIR has been registered against Congress MLA Rahul Mamkootathil, and police investigation has commenced in connection with a case alleging sexual assault. The complaint states that the MLA raped a young woman on the promise of marriage, subsequently impregnating her and forcing her to undergo an abortion. Mamkootathil, who filed an anticipatory bail plea following the registration of the case, is currently absconding. The victim reported being sexually assaulted in Thiruvananthapuram and at the MLA’s flat in Palakkad.
Controversy arose around claims that the woman was married at the time of her involvement with Mamkootathil. The complainant clarified her marital status, stating that her marriage lasted only one month, during which she lived with her husband for a mere four days. She directly presented her complaint to the Chief Minister.
The matter escalated further following a contentious Facebook post by Rahul Easwar, who questioned the woman’s marital status. Easwar specifically sought a response from Sandeep G. Warrier, who was reportedly present at the wedding. Sandeep Warrier soon responded with his own post, confirming his attendance at the wedding and detailing his acquaintance with the woman’s family. A photograph from Warrier’s post quickly went viral across social media platforms.
In response to these developments, the Democratic Youth Federation of India (DYFI) has lodged a formal complaint with the Director General of Police (DGP) against both Rahul Easwar and Sandeep G. Warrier. The complaint centers on allegations that the two individuals attempted to publicly reveal the woman’s identity with the malicious intent to humiliate her.
Legal experts highlight the severe implications of such actions under Indian law. According to Section 228-A of the Indian Penal Code (IPC), any person who publishes or disseminates the name, address, or any information that could reveal the identity of a victim in a rape case is subject to punishment. This offense carries a penalty of imprisonment for a term that may extend up to two years, in addition to a fine. The provision explicitly covers sexual offenses outlined in various sections of the IPC, including 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, and 376E.
The Supreme Court of India, through a bench comprising Justices Madan B. Lokur and Deepak Gupta, has previously underscored the fundamental rights of rape victims, affirming their right to self-respect and privacy. The court categorically stated that the identity of such individuals must not be disclosed under any circumstances, reinforcing the legal framework designed to protect vulnerable victims.