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The Hindu
The Hindu
National
Marri Ramu

PIL plea in HC over media disclosing victims’ identities in sexual assault cases

Telangana High Court in Hyderabad. (Source: The Hindu)

A PIL seeking action against media organisations, which had allegedly disclosed the names of victims in sexual assault cases, has been filed in Telangana High Court here.

The petition, filed by an organisation called Forum Against Corruption, sought to declare inaction of the Police department and government to act against organisations which revealed identifies of victims in sexual offences, as illegal and arbitrary. Petitioner, president of the Forum Against Corruption Vijay Goel, said the over enthusiasm of electronic and digital mainstream media organisations was harming society and creating misleading perception about judicial system and procedures.

Disclosure of name and publishing photos of victim in sexual assault cases was of grave concern and the recent case of the rape and murder of a veterinarian was a classic example, the petitioner stated. He recalled a Supreme Court verdict which categorically ruled that no one was allowed to publish name or photographs of victims in sexual offences.

Sensationalism

Some non-registered and private websites, which claim to be reporting news by self-proclaimed journalists, were indulging in sensationalism by giving vulgar headlines to reports. They were resorting to this to get more clicks and make money through pay-per-click advertisements, the petitioner stated.

Mr. Goel contended that the apex court had in 2012 said that police must issue First Information Report without any delay whenever complaints about cognizable offences were received. In 2013, the Union government had issued an advisory that FIR must be issued whenever information about cognizable offence was received. Yet, the Telangana State Police Department had not issued any circulars to ensure these advisories or SC rulings were enforced, the petitioner said.

An offence

As per Section 228-A of Indian Penal Code, a person disclosing the identity of a victim in a sexual assault case attracts imprisonment of up to two years, the petitioner said. Not just disclosing name but even publishing any information suggesting or confirming identity of the victim in sexual offences constitutes an offence under this section, the petitioner said.

Mr. Goel stated that a complaint lodged by him with the Osmania University Police on alleged disclosure of the identity of a victim in sexual assault case by some news agencies and websites was pending for action. No action was initiated by the police on this complaint, he said.

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