Take Precautions To Avoid & Prevent Disclosure Of Rape Victim's Identity Even Indirectly: Bombay High Court Issues Directions For Media, Public & Courts

The Bombay High Court (Aurangabad bench) recently issued additional guidelines to restrain print/electronic media as well general public, using social media, from publishing information related to a Rape victim that could "directly or indirectly" disclose her identity. The Bench of Justice T. V. Nalawade & Justice M. G. Sewlikar was hearing the plea of one the mother of a rape victim who sought direction to the Print and Electronic Media that the name or identity of the rape victim should not be disclosed. Petitioner's submission The Petitioner stated before the Court that despite having the provisions under Section 228-A of the Indian Penal Code and despite having the directions been issued by the Supreme Court in the case of Nipun Saxena and another Vs. Union of India and others reported in (2019) 2 SCC 703, the Print and Electronic Media are publishing the details of the crime (involving her daughter) in such a manner that the identity of the victim is invariably disclosed. The petitioner also alleged that because of the offence of rape, the victim suffers physical and mental trauma and publication of the news thereby disclosing the identity of the victim, causes severe mental agony to the victim. Court's Observations At the outset, the Court underlined that the victim of sex offence undergoes not only physical trauma but also mental trauma. She has to undergo these agonies for no fault of hers. The Court further noted that Section 228-A of the Indian Penal Code mandates that the identity of the victim in offences under Sections 376, 376-A, 376-B, 376-C, 376-D or 376-E Of Indian Penal Code should not be disclosed. Taking into account the guidelines issued by the Apex Court in Nipun Saxena and another Vs. Union of India and others reported in (2019) 2 SCC 703, the Court observed, "Despite issuance of these guidelines, the Print Media and Electronic Media are reporting these offences in such a manner that the identity of the victim is established directly or indirectly" [NOTE: In the Nipun Saxena Case (supra) the Supreme Court had issued important directives to protect the privacy and reputation of victims of rape crimes. The bench comprising Justice Madan B. Lokur and Justice Deepak Gupta had issued 9 important directives.] Importantly, the Bombay High Court observed that without mentioning the name of the victim, the identity of the victim can be established by giving the details as regards the name of parents of the victim or other relations of the victim, relation of the accused with the victim, residential address of the accused and the victim and other details. Underlining that in such cases, the media should act with circumspection and is expected to observe restraint, the Court remarked, "Publishing news item in detail thereby disclosing identity of the victim itself indicates that the media does not observe self-restraint. We do not mean to say that the media does it deliberately. But in their zeal to publish the news item fast, appropriate care is not taken in some cases and the news is reported by which the victim's identity becomes known to the readers/viewers." Guidelines Issued by the Court To avoid disclosure of the identity of the victim, the Court, in addition to the directions of the Supreme Court in Nipun Saxena (supra), issued some directions to the print media, the electronic media, the people using social media such as WhatsApp, Facebook, Internet, Twitter etc. The Court directed that the print media, the electronic media, the people using social media such as WhatsApp, Facebook, Internet, Twitter etc. while giving information/circulating information relating to offences under section 376, 376-A, 376-B, 376-C, 376-D or 376-E of the Indian Penal Code and the offences under Protection of Children from Sexual Offences Act, shall not publish/disclose the following information in such a manner that the victim will be identified directly or indirectly: - The names of the parents or relatives of the victim.Relation of the accused with the victim. Residential/occupational/work address of the accused and the victim and the village at which the victim and/ or accused live.Occupation of the parents or other relations of the victim and place of work of the victim and accused /their parents or any other relative in such a manner that the victim will be identified. If the victim is a student, name of the school or college or any other educational institution or private coaching class or classes which the victim has joined for pursuing her hobbies such as music, drawing, dance, stitching, cooking etc. vi) Details of family background of the victim. Guidelines for trial proceedings Further, the Court observed that while framing charge, mentioning name of the victim should be avoided. Instead, he/she should be referred to as 'X' or any other alphabet the Court deems fit ...

Take Precautions To Avoid & Prevent Disclosure Of Rape Victim's Identity Even Indirectly: Bombay High Court Issues Directions For Media, Public & Courts

Sparsh Upadhyay

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