JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. The instant PIL has been filed highlighting the disclosure of the identity of a victim of gang-rape that took place in Hyderabad in November, 2019. It is stated that while covering the incident, the media houses have disclosed the name of the victim, her photographs along with other personal information. The Writ Petition has been filed with the following prayers:

“(i) To allow this Writ Petition.

(ii) To direct the respondents to initiate appropriate proceedings against the media houses and reported individuals in accordance with the law.

(iii) To issue fresh composite directions to the respondents to prevent the exposure of identity on online platforms, either directly or indirectly, extent of blurring required in publishing pictures and to ensure awareness regarding their due compliance.

(iv) To issue directions to prohibit the publication of pictures of the accused even before the trial has begun in the case.

(v) To direct the investigation authorities to conduct themselves in a restricted manner so as to prevent the supply of information on the merits of the case to the media and common public before the investigation is complete.

(vi) To order immediate inquiry against the officers who have failed to take cognizance of these violations taking place in their presence and notice and who have indulged in supply of information to the media.

(vii) Pass any other order as it deems fit.”

2. The Courts have been concerned about the disclosure of the identity of a victim of rape and sexual harassment, and have been passing various orders to ensure the concealment of their identities so as to ensure they do not face any form of ostracisation. The 84th Law Commission Report, 1980, recommended introduction of a provision under the Indian Penal Code whereby the disclosure of identity of a victim of certain offences was made an offence. The Bill to amend the Indian Penal Code was introduced in August, 1980 and the Criminal Law Amendment Bill was moved in 1983. Various amendments have been made to the Indian Penal Code through the said amendment, including insertion of Section 228A which, after many amendments, as on date reads as under:

“228A. Disclosure of identity of the victim of certain offences:

(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 376A, section 1 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E 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 such printing or publication is:

(a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation.

(b) by, or with the authorisation in writing of, the victim.

(c) where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim:

Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.

Explanation: For the purposes of this sub-section “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central or State Government.

(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such Court shall be punished with imprisonment of either description for a te