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IN THE HIGH COURT OF BOMBAY
T. V. Nalawade, G. Sewlikar, JJ.
SANGITA W/O YESHWANT TANPURE - PETITIONER
VS.
STATE OF MAHARASHTRA AND OTHERS - RESPONDENTS
Cri. P. I. L. No. 1 of 2016
Decided On : 19-1-2021
Media Reporting - Disclosure of Rape Victim's Identity - Indian Penal Code, Section 228-A - Guidelines issued by Supreme Court - Summary of Acts and Sections: Indian Penal Code, Section 228-A; Protection of Children from Sexual Offences Act - The court discussed the provisions of Section 228-A of the Indian Penal Code, the guidelines issued by the Supreme Court, and the need to protect the identity of the victim in cases of sexual offences.
Fact of the Case:
The petitioner, the mother of a rape victim, filed a Public Interest Litigation seeking to prevent the disclosure of the victim's identity by the Print and Electronic Media. Despite the provisions under Section 228-A of the Indian Penal Code and the guidelines issued by the Supreme Court, the media continued to publish details that disclosed the victim's identity, causing severe mental agony to the victim.
Finding of the Court:
The court found that the media was reporting the offences in a manner that established the identity of the victim, despite the legal provisions and guidelines in place to protect the victim's identity. The court emphasized the need for the media to act with circumspection and observe restraint in reporting such sensitive information.
Issues: The issues included the breach of legal provisions and guidelines by the media, the mental trauma suffered by the victim due to the disclosure of her identity, and the lack of awareness among the victim and her relatives regarding the potential disclosure of identity through media interviews.
Ratio Decidendi: The court emphasized the importance of protecting the identity of the victim in cases of sexual offences, discussed the provisions of Section 228-A of the Indian Penal Code, and issued additional directions to the print and electronic media, as well as the courts, to prevent the disclosure of the victim's identity during legal proceedings.
Final Decision: The court disposed of the Public Interest Litigation and issued directions to prevent the disclosure of the victim's identity. The appointed counsel's fees were quantified, and the court directed the dissemination of the issued directions to relevant authorities.
JUDGMENT :
M. G. SEWLIKAR, J. :—
Rule. Rule made returnable forthwith.
2. By consent, heard both the sides for final disposal at admission stage.
3. This Public Interest Litigation is filed by the petitioner seeking direction to the Print and Electronic Media that the name or identity of the rape victim should not be disclosed.
4. Facts leading to this Public Interest Litigation are that the petitioner is the real mother of the victim. First Information Report No. I-336/2010 was registered with Tofkhana Police Station, District Ahmednagar, under Sections 363 and 366 of the Indian Penal Code and after arrest of the accused, Section 376 was added. It is however, alleged that despite having made the provisions under Section 228-A of the Indian Penal Code and despite having the directions been issued by the Honourable 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 in such a manner that the identity of the victim is invariably disclosed. The petitioner has alleged that in this case also the local newspapers of Ahmednagar district i.e. Daily Sarvamat dated 23-2-2011 and 6-7-2015 highlighted the news in such a manner that the identity of her daughter was disclosed. Similarly, in Daily Punyanagari, Daily Sakal, Daily Divya Marathi and other newspapers the identity of the victim (not related to the victim i.e. daughter of the petitioner), is disclosed. The petitioner has 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. The petitioner had made several representations to find out whether there are any guidelines and whether any training is imparted to the media in this regard. She has further sought directions to the media not to disclose the details revealing the identity of the victim in the case of rape.
5. Learned counsel Shri A.D. Ostwal was appointed as amicus curiae to assist the Court in this matter. He argued that the Honourable Supreme Court in the case of Nipun Saxena (supra) has issued various guidelines. Guidelines in this regard are also issued by the Delhi High Court. Kolkata High Court has also issued directions in the case of Bijoy @ Guddu Das vs. State of West Bengal reported in (2017) 2 Cal LJ 224. These guidelines indicate that in no case name of the victim should either be disclosed nor the details revealing her identity shall be published. He argued that despite these directions, the Print Media and the Electronic Media give the details of the crime, relation of accused with the victim, details as regards the parents of the victim thereby revealing the identity of the victim. He has furnished proposed guidelines for the consideration of this Court.
6. It is true 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. Keeping this object in view, Section 228-A of the Indian Penal Code was enacted which mandates that the identity of the victim in offences under Sections 376, 376-A, 376-B, 376-C, 376-D or 376-E should not be disclosed. Section 228- A of the Indian Penal Code reads thus :—
(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an [offence under section 376, section 376-A, section 376-B, section 376-C, section 376-D or section 376-E] is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if su
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