Saturday, April 17, 2021
Home Law Supreme Court restricts media from revealing the identity of the victims of sexual assault

Supreme Court restricts media from revealing the identity of the victims of sexual assault

The court directed the media to report such incidents in a sensitive manner without sensationalizing the matter and refrain from talking to the victims unless approached by the victim.

The Supreme Court today passed a verdict in relation to an application filed in the case of Nipun Saxena v Union of India barring the media from revealing the names and identity of the victims of sexual assault in any manner.

A Bench of Justice Madan B Lokur and Deepak Gupta observed that it is unfortunate that the victims of sexual assault are being treated as untouchables. The court also prohibited the police from putting in the public domain the FIRs filed in rape and sexual assault cases, including those against minors. “Police or forensic authorities cannot disclose the names of rape victims either, even with the parents’ consent. Also, FIRs of sexual assault cases, especially those involving minors, should not be placed on the public domain”, the court said.

In the main matter of Nipun Saxena v Union of India, the question relating to the interpretation of Section 23 of the Prevention of Children against Sexual Offences Act (POCSO) and Section 228A of the Indian Penal Code which prohibit the disclosure of the identity of the victims had come up before the court.

The court while issuing the guidelines expressed concern over the social boycott of the victims and at the same time condemned taking out protest rallies in the name of the victims. “It is unfortunate that rape victims are treated as untouchables in our society,” the court said. “We are not impressed by victims being turned into icons at protest rallies. The identities of even the dead or those of unsound mind cannot be disclosed in any manner, even with the parents’ nod. Such an action will need the court’s permission.” the court added.

The court directed the media to report such incidents in a sensitive manner without sensationalizing the matter and refrain from talking to the victims unless approached by the victim.

The court has also included that even if the victim is dead, the identity of the person should not be disclosed, even if the parents give consent.

Senior Advocate Indira Jaisingh, who was acting as Amicus Curiae of the court in this case, requested the court to frame guidelines on how to report the cases of sexual violence claiming that the media runs a “parallel trial” in sub-judice matters. Referring to the Kathua gangrape case, Jaisingh claimed that the police interfere in the administration of justice by leaking information to the media even before filing of the charge sheet before a court. She said that the media had declared the accused in the Kathua rape case as innocent even before the charge sheet was filed.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staff
Staff reporter at OpIndia

Related Articles

Trending now

Bombing, violence, intimidation and brandishing guns: Here are some incidents of violence that took place during 5th phase of West Bengal polls

After several deaths in violence during the 4th phase of polls in West Bengal, the 5th phase also saw several incidents of violence

Siddharth Varadarajan of The Wire spreads fake news a day after The Logical Indian apologised for the same: Read details

Siddharth Varadarajan spread fake news again, in fact, the same fake news that the Logical Indians had apologised for just a day ago.

Food grain smuggling into Punjab to make money out of MSP continues, more than 25,000 bags of wheat smuggled from Bihar seized in Bhatinda

Wheat is purchased at the rate of Rs 1,100 per quintal in Bihar and other states and sold in Punjab at around Rs 1,925 per quintal as MSP

Republic Day violence: Hours after getting bail, Deep Sidhu gets arrested by Delhi Crime Branch

Only hours after Delhi Court granted bail to Deep Sidhu in Republic Day violence case, Delhi Crime Branch has reportedly arrested him again

Former Indian Express journalist has an ‘Allah’s virus’ moment, thanks God for COVID-19, says pandemic saved Muslims from detention camps

Irena Akbar, formerly with the Indian Express, has thanked God for Covid-19 and attributed the virus to God's plan.

New York Times provides platform to Islamic bigotry, columnist claims onus to convert is on non-Muslims after Hindu boyfriend refuses to convert

The New York Times on Friday provided platform to Islamic bigotry in a blog where the author narrates her 'tragic' love story.

Recently Popular

Karan Johar’s Dharma Production fires Kartik Aryan, not to work with him again: Here is what happened

Dharma Productions said it was pushed to the wall by “unprofessional behaviour” of Kartik Aryan during shooting of Dostana 2

Aaj Tak to air public apology on 23rd April for sharing fake news on Sushant Singh Rajput, pay Rs 1 lac fine: Details

Aaj Tak has been asked by the NBSA (News Broadcasting Standard Authority) to air a public apology for fake news on Sushant Singh Rajput

Andhra Pradesh man hacks family of six including two children to avenge the rape of his daughter: Details

Andhra Pradesh police confirmed that the incident was a fall out of a old feud between the accused and the victim family

Derek O’Brien’s Clubhouse interaction exposes how TMC fears the prospect of loss in West Bengal: Three statements made and what they mean

Perhaps to fire-fight what Prashant Kishor said, Derek O'Brien appeared on Clubhouse for a short interaction with select 'liberals'.

Kangana Ranaut slams Karan Johar after Dharma Productions fires Kartik Aryan, tells them not to ‘force him to hang himself’ like SSR

Kangana Ranaut has hit out at Karan Johar and Dharma Productions after Kartik Aryan was fired from Dostana 2.

Justice Chandrachud apologises to a lawyer, asks him to go rest since he was fasting for Ramzan

Justice Chandrachud of the Supreme Court apologised to a Muslim lawyer for not knowing that he had been fasting during the month of Ramzan.
- Advertisement -


Connect with us