Bombay HC to media: Can’t identify rape survivor even indirectly – Times of India

MUMBAI: Bombay high court’s Aurangabad bench has issued additional guidelines to restrain print and electronic media as well as people using social media such as WhatsApp, Facebook, Twitter and the internet from publishing information that could “directly or indirectly” disclose a rape survivor’s identity.

HC has directed that in cases of rape registered under the Indian Penal Code and offences under Protection of Children from Sexual Offences Act (Pocso), the media and those using the social media should “not publish” the names of the parents or relatives of the survivor or the accused’s relation with him or her, or the accused as well as the survivor’s residential, occupational or work address and the village in which they reside in. It has restrained publication of details of the occupation of the parents or other relations of the survivor, or any other relative in such a manner that he or she can be identified.
A bench of Justices T V Nalawade and M G Sewlikar listed the guidelines while disposing a public interest litigation (PIL) filed by the mother of a rape survivor. The bench said if the individual is a student, the name of the school or college or any other educational institution or private coaching class or classes which he or she has joined for pursuing her hobbies such as “music, drawing, dance, stitching, cooking etc” and the family background should not be mentioned in articles or posts.
HC said it was passing these additional guidelines as despite Supreme Court’s December 11, 2018, directions in a petition by Nipun Saxena against even “remotely” identifying rape survivors as well as penal provisions under IPC Section 228 (A), the rules are flouted.
It noted a “news item” of a 2011 kidnap and rape case in local publications before it “clearly indicates that the identity of the victim is established… though the name of the accused and the name of the victim is not mentioned”.
HC also passed directions to trial courts and police officers. It said, “It is noticed that while framing of charges, recording the evidence, recording the statement of the accused under Section 313 of the Code of Criminal Procedure, the name of the victim is disclosed.”
It directed special trial courts under provisions of Pocso Act, 2012, therefore, to conceal the name of the survivor, by referring to him or her with some abbreviation or letters such as “X” while framing charges, recording statements or evidence.
HC also directed that police should avoid naming survivors under Pocso Act and refer to them as “X” in remand reports.
A D Ostwal, amicus curiae in the matter, had contended “the electronic media holds interviews of the victim or his/her relations”. He said though care is taken to blur the face, identity can be disclosed by the survivor’s voice.
After hearing prosecutor S J Salgare, HC, in its January 19 judgement, said, “We hope that the electronic media will show restraint in holding interviews of the victims and/or their relatives and would take all precautions to avoid and prevent disclosure of the identity of the victim.”