Don’t name, shame rape victims: SC

Tribune News Service

New Delhi, April 24

Noting that even the dead have dignity, the Supreme Court on Tuesday took exception to disclosure of identity of rape victims, including the eight-year-old girl who was raped and killed in Kathua in Jammu and Kashmir.

“Think of the dignity of dead also. It (media reporting) can be done without naming or shaming them. The dead also have dignity,” a Bench headed by Justice Madan B Lokur said.

The issue was raised by senior counsel Indira Jaising who said Section 228-A of the IPC prohibited disclosure of identity of victims of sexual offences. Jaising — who is assisting the court as amicus curiae on the issue of safety and security of women and use of Nirbhaya Fund — said the court should clarify the legal position on the issue.

While agreeing to examine the Section 228-A IPC, the Bench, also comprising Justice Deepak Gupta, wondered how the identity of a minor rape victim could be disclosed even after getting her parents’ consent.

“Why should this happen, that the identity of a minor victim be disclosed just because her parents have given consent… Even if a person is of unsound mind, she has a right to privacy. A minor will become major. Why should this stigma be there for life?” it asked.

Jaising, however, said there could not be a “blanket ban” on the media in such cases and the court would have to strike a balance between freedom of press and rights of rape victims.

The Bench posted the matter for hearing on May 8 after the Centre’s counsel sought time to seek instructions.

The Delhi High Court had last week asked 12 media houses to pay a compensation of Rs10 lakh each for revealing the identity of the Kathua rape victim. These newspapers and TV news channels had tendered apology to the HC for revealing the identity of the victim.

Section 228-A IPC provides for a jail term of up to two years along with a fine for revealing the identity of a rape victim. Section 23 of the Protection of Children from Sexual Offences (POCSO) Act prescribes certain curbs on the media with regard to reporting of cases of sexual offences against children.

It also sought details of the funds allocated to the states by the Centre from Nirbhaya Fund, set up in 2013 after the December 16, 2012, gang-rape and murder case in Delhi to support initiatives on women’s safety across the country.