The Aurangabad Bench of Bombay High Court comprising of Justice TV Nalwade and Justice MG Sewlikar has, in the case of Sangita v. The State of Maharashtra [Criminal Public Interest Litigation No. 1 of 2016] issued additional guidelines to restrain print/ electronic media as well general public, using social media, from publishing information related to rape victim that could “directly or indirectly” disclose her identity.
Brief facts
The Bench was hearing the plea of one Sangita who is the mother of a rape victim who sought directions to the print and electronic media that the name or identity of the rape victim should not be disclosed.
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 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 (2017).
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.
Reasoning and Decision of the Court
“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."
Law laid down by the Supreme Court in Nipun Saxena
The Honourable Supreme Court in the case of Nipun Saxena (supra), after considering Section 228-A of the Indian Penal Code and various provisions of Protection of Children from Sexual Offences Act, issued following guidelines :-
"50.1 No person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large.
50.2 In cases where the victim is dead or of unsound mind the name of the victim or her identity should not be disclosed even under the authorisation of the next of kin, unless circumstances justifying the disclosure of her identity exist, which shall be decided by the competent authority, which at present is the Sessions Judge.
50.3 FIRs relating to offences under Sections 376, 376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB or 376-E IPC and the offences under POCSO shall not be put in the public domain.
50.4 In case a victim files an appeal under Section 372 CrPC, it is not necessary for the victim to disclose his/her identity and the appeal shall be dealt with in the manner laid down by law.
50.5 The police officials should keep all the documents in which the name of the victim is disclosed, as far as possible, in a sealed cover and replace these documents by identical documents in which the name of the victim is removed in all records which may be scrutinised in the public domain.
50.6 All the authorities to which the name of the victim is disclosed by the investigating agency or the court are also duty-bound to keep the name and identity of the victim secret and not disclose it in any manner except in the report which should only be sent in a sealed cover to the investigating agency or the court.
50.7 An application by the next of kin to authorise disclosure of identity of a dead victim or of a victim of unsound mind under Section 228- A(2)(c) IPC should be made only to the Sessions Judge concerned until the Government acts under Section 228-A(1)(c) and lays down criteria as per our directions for identifying such social welfare institutions or organisations.
50.8 In case of minor victims under POCSO, circumstances justifying the disclosure of her identity exist, which shall be decided by the competent authority, which at present is the Sessions Judge.
50.9 All the States/Union Territories are requested to set up at least one “One-Stop Centre” in every district within one year from today.”
The Cort showed its concers that despite issuance of these guidelines, the Print Media and Electronic Media are reporting these offences in such a manner that the identity of the victim is established directly or indirectly.
"Learned counsel Shri Ostwal argued that the electronic media holds interviews of the victim/relatives of the victim which lead to revealing the identity of the victim. He argued that the victim or the relatives of the victim are least aware that by giving such interviews they are exposing themselves to the revelation of the identity of the victim."
Reflecting on the current trend, the Court observed that:
“It is true that the electronic media and the print media publish news items giving details of the crime in such a manner that by reading the news item, one can easily establish identity of the victim. The electronic media holds interviews of the victims or relatives of the victims. The victim or relatives of the victim, most of the time, are not aware that by giving such interview they are revealing the identity of the victim. If the victim who is major or the relatives of such a victim voluntarily consent for disclosing her identity, in that case, no one can have any objection. The question arises when the victim or relatives of the victim do not want the identity to be revealed.
In such cases, the media should act with circumspection and is expected to observe restraint. Publishing news item in detail thereby disclosing identity of the victim itself indicates that the media does not observe self-restraint. We do not mean to say that the media does it deliberately. But in their zeal to publish the news item fast, appropriate care is not taken in some cases and the news is reported by which the victim’s identity becomes known to the readers/viewers. To illustrate, we can take by way of sample the news items published in reference to the offence committed against the daughter of the petitioner. This news item clearly establishes the identity of the victim. It mentions the name of the petitioner (i.e. the mother of the victim) and address of the petitioner. It also mentions name and residence of the accused as well. The only thing left is the name of the victim. By this news item, one can easily establish the identity of the victim especially those who know the family of the victim."
“Having considered the news item, it is evident that without mentioning the name of the victim, the identity of the victim can be established by giving the details as regards the name of parents of the victim or other relations of the victim, relation of the accused with the victim, residential address of the accused and the victim and other details. Learned counsel Shri Ostwal has produced a circular issued by the Special Additional Deputy Inspector of Police (Training and Special Squad) Maharashtra State, Mumbai. The said circular states that the petitioner had brought to the notice that because of lack of policy with the police department while releasing the information as regards sex offences, care is not taken that the identity of the victim is not disclosed. The said circular mentions that in the course of training subject as regards non-disclosure of identity of the victim should be included.”
The Court noted that the Honourable Supreme Court has dealt with the aspect of disclosure of the identity of the victim while preferring appeal. However, there can be disclosure of identity of victim while recording evidence during trial, recording statement of the accused under Section 313 of the Code of Criminal Procedure, framing charge, submitting remand report by the police. Therefore, to avoid disclosure of identity of victim in the same, the Court proposed, in addition to the directions in Nipun Saxena, to issue the following directions to the print media, the electronic media, the people using social media such as WhatsApp, Facebook, Internet, Twitter etc.
The print media, the electronic media, the people using social media such as WhatsApp, Facebook, Internet, Twitter etc. while giving information / circulating information relating to offences under section 376, 376-A, 376-B, 376-C, 376-D or 376-E of the Indian Penal Code and the offences under Protection of Children from Sexual Offences Act, shall not publish/disclose following information in such a manner that the victim will be identified directly or indirectly :-
i) The names of the parents or relatives of the victim.
ii) Relation of the accused with the victim.
iii) Residential/occupational/work address of the accused and the victim and the village at which the victim and/ or accused live.
iv) Occupation of the parents or other relations of the victim and place of work of the victim and accused /their parents or any other relative in such a manner that the victim will be identified.
v) If the victim is a student, name of the school or college or any other educational institution or private coaching class or classes which the victim has joined for pursuing her hobbies such as music, drawing, dance, stitching, cooking etc.
vi) Details of family background of the victim.”
Recording of statement under section 313 Cr.P.C.
It is noticed that while framing of charge, recording evidence, recording statement of accused under section 313 of the Code of Criminal Procedure, name of the victim is disclosed. Therefore, while framing charge, mentioning name of the victim should be avoided. Instead he/she should be referred to as ‘X’ or any other alphabet the Court deems fit and proper. While recording evidence if the witness mentions the name of the victim, the Court shall record that “the witness stated the name of the victim but to conceal her identity, her name is not recorded.” And the victim should be referred to in the same manner as is done during the framing of charge.
If the witness is a victim, his/her name should not be disclosed while recording evidence. Her name, place of residence, age, occupation shall be kept in a sealed cover and in the name column, she can be referred in the same manner described while framing charge keeping the address column, occupation column blank.
The same procedure should be followed while recording statement under section 313 of the Code of Criminal Procedure. While recording statement under section 313 of the Code of Criminal Procedure, the Court shall refer the victim in the manner she is referred to while framing charge.
Forwarding of Remand Report
While forwarding remand report to the Magistrate or to the court dealing with remand, mentioning of name of the victim should be avoided. Instead she should be referred as ‘X’ or any other alphabet the Investigating Officer deems fit and proper.
Held
“In view of above directions, instant Public Interest Litigation is disposed of. Rule made absolute in above terms."
Case Details
Case Name: Sangita v. The State of Maharashtra
Bench: Justice TV Nalwade and Justice MG Sewlikar
Case No.: Criminal Public Interest Litigation No. 1 of 2016
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