Disclosure of Rape Victim’s Identity In Judgment Doesn’t Allow Disclosure Of Her Name In Media: Rajasthan HC [Read Judgment]
7 years, 8 months ago

Disclosure of Rape Victim’s Identity In Judgment Doesn’t Allow Disclosure Of Her Name In Media: Rajasthan HC [Read Judgment]

Live Law  

The Rajasthan High Court recently refused to quash charges levied against a few journalists for disclosure of the name of a rape victim, refusing to accept their contention that the victim’s name had already been revealed in the judgment convicting her assailants.Justice Pushpenda Singh Bhati pointed that printing of an article with the victim’s name was different from revelation of her. The Rajasthan High Court recently refused to quash charges levied against a few journalists for disclosure of the name of a rape victim, refusing to accept their contention that the victim’s name had already been revealed in the judgment convicting her assailants. Justice Pushpenda Singh Bhati pointed that printing of an article with the victim’s name was different from revelation of her name in a judgment, and observed, “There is no exception to Section 327 Cr.P.C. ought to be strictly maintained, so as to ensure that the purpose of protecting the identity of the victim of sexual offence is fully served.” The Court was hearing Revision Petitions challenging an order passed in November, 2006, wherein the Additional Civil Judge and Judicial Magistrate had taken cognizance of an application under Section 228A of the Indian Penal Code, which prohibits disclosure of identity of the rape victim during trial.

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History of this topic

34 Yrs On, Rajasthan HC Sets Aside Rape Conviction Citing Failure To Conduct Test Identification Parade, Asks State To Properly Instruct IOs
1 month, 2 weeks ago

34 Yrs On, Rajasthan HC Sets Aside Rape Conviction Citing Failure To Conduct Test Identification Parade, Asks State To Properly Instruct IOs

Live Law  

Rajasthan High Court directed Director General of Police, Jaipur and the Principal Secretary, Department of Home, for issuing instructions and guidelines to all the Police Investigating Officers of Rajasthan to conduct the Test identification Parade of the accused with the victim in cases where the accused was not known to the victim. The bench of Justice Anoop Kumar Dhand was …

'Fictitious Evidence': Rajasthan Court Acquits Suspended Judicial Officer, His Clerks In Minor Boy Sexual Assault Case
2 months, 3 weeks ago

'Fictitious Evidence': Rajasthan Court Acquits Suspended Judicial Officer, His Clerks In Minor Boy Sexual Assault Case

Live Law  

A special POCSO Court in Rajasthan's Bharatpur district last week acquitted suspended judicial officer Jitendra Singh Guliya and his two clerks in connection with a case lodged against them on the allegations of repeatedly sodomising, sexually assaulting a minor boy and also threatening his family members of implicating them in false cases. The Court also took into account the discrepancies …

Disclosure Of Rape Victim Identity Via WhatsApp Group Also Barred: Jharkhand High Court Upholds Charges Against Jamtara MLA
6 months, 1 week ago

Disclosure Of Rape Victim Identity Via WhatsApp Group Also Barred: Jharkhand High Court Upholds Charges Against Jamtara MLA

Live Law  

" As far as Section 23 of POCSO Act, 2012 and Section 74 of Juvenile Justice Act, 2015 are concerned, the ingredients of both the sections with the above stated facts and discussion, clearly shows that prima facie Whats App news group in the name of “Nala News” in which message regarding identity of victim and her photograph were sent, …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
11 months, 1 week ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

Can't Prosecute Magistrate U/S 228-A IPC For Inadvertent Omission To Anonymize Rape Victim's Details: Kerala HC Emphasizes Judicial Caution
1 year, 3 months ago

Can't Prosecute Magistrate U/S 228-A IPC For Inadvertent Omission To Anonymize Rape Victim's Details: Kerala HC Emphasizes Judicial Caution

Live Law  

In a significant ruling, the Kerala High Court held that a Magistrate cannot be prosecuted under 228-A IPC on an inadvertent omission to anonymize the name and details of the victims based on an analysis of Section 228-A and the Judges Act, 1985. “This Court, therefore, suggests that, in matters like this, wherever petitions are filed by or against victims …

Kerala High Court Directs Removal Of Female Litigant's Name, Details From Court Website, Says It Affected Her Reputation And Dignity
1 year, 3 months ago

Kerala High Court Directs Removal Of Female Litigant's Name, Details From Court Website, Says It Affected Her Reputation And Dignity

Live Law  

The Kerala High Court on Wednesday passed an interim order directing the Registry to remove name and details of a lady published on the court's website in connection with a matrimonial appeal, as it affected her reputation and dignity. Action in this regard shall be intimated to this Court in due course.” The petitioner, a well-known dentist in the Middle …

'Redact Names In Pleadings, File Affidavits In Sealed Covers' : Calcutta HC Issues Directions To Ensure Anonymity Of Victims Of Sexual Offences In Court Records
2 years, 11 months ago

'Redact Names In Pleadings, File Affidavits In Sealed Covers' : Calcutta HC Issues Directions To Ensure Anonymity Of Victims Of Sexual Offences In Court Records

Live Law  

The Calcutta High Court on Monday issued practice directions in order to ensure that the identity of victims of sexual offences including minor victims under the POCSO Act are not disclosed in the pleadings and other records of the Court.The directions were issued while adjudicating upon an appeal filed challenging an order of conviction under Section 6 of the POCSO …

Alwar Rape Case A ‘Complicated Matter’, Media Trials Not Required, Says Rajasthan Minister Amid Probe
3 years, 1 month ago

Alwar Rape Case A ‘Complicated Matter’, Media Trials Not Required, Says Rajasthan Minister Amid Probe

ABP News  

New Delhi: In the latest development of the rape case of a specially-abled minor girl, Rajasthan cabinet Minister Mahesh Joshi on Saturday said that it is a complicated matter and does not require media trials. Investigation underway & everything will be made clear.Today people can register FIR without any fear as criminals are afraid because police is doing good work: …

Case Against Rahul Gandhi For Allegedly Disclosing Rape Victim Identity In Social Media Withdrawn From Delhi Court
3 years, 4 months ago

Case Against Rahul Gandhi For Allegedly Disclosing Rape Victim Identity In Social Media Withdrawn From Delhi Court

Live Law  

A Delhi Court yesterday disposed of as withdrawn a plea filed by BJP Delhi Media Head and Spokesperson Naveen Kumar Jindal against Congress leader Rahul Gandhi for allegedly disclosing the identity of 9 year old minor victim who was allegedly gang-raped and murdered in Delhi Cantt area.Additional Chief Metropolitan Magistrate Dharmendra Singh of Rouse Avenue Court took on record the. …

Indian court acquits prominent journalist of rape charge
3 years, 10 months ago

Indian court acquits prominent journalist of rape charge

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy An Indian trial court on …

HC Issue Notices to Delhi Govt, FB, Twitter, Media Houses for Disclosing Rape Victim's Identity
4 years, 2 months ago

HC Issue Notices to Delhi Govt, FB, Twitter, Media Houses for Disclosing Rape Victim's Identity

News 18  

The Delhi High Court Friday sought responses of Delhi government, Twitter, Facebook, YouTube and several media houses on a plea seeking action against them for allegedly disclosing the identity of rape victims, including in the Hathras gang rape case. The petition has sought direction to the Delhi government to ask the social media platforms and media houses to take down …

Kerala HC Issues Guidelines For Maintaining Rape Victim Anonymity In Cases Filed Before It [Read Order]
4 years, 6 months ago

Kerala HC Issues Guidelines For Maintaining Rape Victim Anonymity In Cases Filed Before It [Read Order]

Live Law  

The Kerala High Court has issued some future guidelines for maintaining rape victim's anonymity in the matters instituted before it.Justice PB Suresh Kumar, while considering a petition arising out of a bail order passed by POCSO Court, observed that in several matters instituted before the High Court the identity of the victim is disclosed directly or indirectly. The Kerala High …

Unnao rape case: Delhi court records statement of rape survivor's uncle
5 years, 6 months ago

Unnao rape case: Delhi court records statement of rape survivor's uncle

India Today  

A Delhi court on Wednesday recorded the statement of the Unnao rape survivor's uncle in the case in which expelled BJP MLA Kuldeep Sengar is a key accused. The uncle of the Unnao rape survivor had been transferred to the Tihar jail in Delhi from prison in Uttar Pradesh to ensure his safety. The Supreme Court had transferred four criminal …

Rape Victim Anonymity : Mainstream Media Violated Recent SC Directions
6 years, 3 months ago

Rape Victim Anonymity : Mainstream Media Violated Recent SC Directions

Live Law  

Recently, on December 11, the Supreme Court issued a slew of directions to protect the identity of victims of rape.In Nipun Saxena vs Union of India, the SC bench of Justice M B Lokur and Deepak Gupta ordered, among other things, that "In cases where the victim is dead or of unsound mind the name of the victim or her …

SC bars disclosure of identity of rape victims, even after death
6 years, 3 months ago

SC bars disclosure of identity of rape victims, even after death

Live Mint  

New Delhi: While laying down directions to protect the identity of rape victims, the Supreme Court on Tuesday ruled against any disclosure and barred it even in cases where the rape victim may have died or is of unsound mind and the parents have consented to such disclosure. Protection to the identity of rape victims would also extend to social …

Identity Of Even Dead Rape Victims Should Be Protected-SC Imposes Absolute Bar On Identity Disclosure
6 years, 3 months ago

Identity Of Even Dead Rape Victims Should Be Protected-SC Imposes Absolute Bar On Identity Disclosure

Live Law  

The Supreme Court today held that the identity of rape victims who have died or are of unsound mind cannot be divulged even with the consent of the parents. "The dead too are entitled to their dignity", the court expressed.The bench of Justices Madan B Lokur and Deepak Gupta lamented that victims of sexual assault are often subject to even …

Identity Of Even Dead Rape Victims Should Be Protected-SC Imposes Absolute Bar On Identity Disclosure
6 years, 3 months ago

Identity Of Even Dead Rape Victims Should Be Protected-SC Imposes Absolute Bar On Identity Disclosure

Live Law  

The Supreme Court today held that the identity of rape victims who have died or are of unsound mind cannot be divulged even with the consent of the parents. "The dead too are entitled to their dignity", the court expressed.The bench of Justices Madan B Lokur and Deepak Gupta lamented that victims of sexual assault are often subject to even …

Identity of rape victims has to be protected: SC
6 years, 3 months ago

Identity of rape victims has to be protected: SC

The Quint  

New Delhi, Dec 11 The Supreme Court on Tuesday said that the identity of rape victims has to be protected at all stages of the case including during trial. A bench of Justices Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta said that the Central Forensic Science Laboratory reports and other documents related to such cases would be handed …

Sexual crimes: SC places total bar on media disclosing victims' names, identity
6 years, 3 months ago

Sexual crimes: SC places total bar on media disclosing victims' names, identity

The Hindu  

The Supreme Court on December 11 laid down an absolute bar on the media to publish or air the names or any material which may even remotely reveal the identity of victims of sexual crimes. The court held that the bar on disclosure under Section 228A of the IPC was not confined to just the name of the victim but …

Muzaffarpur Shelter Home Rape: SC Directs Action Against Accused’s Wife For Disclosing Victims’ Identity On Facebook [Read Order]
6 years, 7 months ago

Muzaffarpur Shelter Home Rape: SC Directs Action Against Accused’s Wife For Disclosing Victims’ Identity On Facebook [Read Order]

Live Law  

“We expect the electronic, print and social media to ensure that the photographs of the victims of sexual abuse anywhere should not be displayed either in morphed or blurred form for the safety, mental and physical health of the victims and in public interest.”The Supreme Court on Tuesday directed the authorities to take action against the wife of an accused …

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]
6 years, 8 months ago

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that every attempt should be made by all the courts not to disclose the identity of the victim in terms of Section 228-A of Indian Penal Code.A bench of Justice AM Sapre and Justice UU Lalit observed thus while dismissing an appeal in a rape case against Chhattisgarh High Court judgment that had affirmed the …

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]
6 years, 8 months ago

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that every attempt should be made by all the courts not to disclose the identity of the victim in terms of Section 228-A of Indian Penal Code.A bench of Justice AM Sapre and Justice UU Lalit observed thus while dismissing an appeal in a rape case against Chhattisgarh High Court judgment that had affirmed the …

Disclosing Names Of Rape Victims In Affidavits: SC Accepts Apology On Behalf Of States [Read Order]
6 years, 10 months ago

Disclosing Names Of Rape Victims In Affidavits: SC Accepts Apology On Behalf Of States [Read Order]

Live Law  

It has been impressed upon them that they have committed a very serious lapse and they are required to be far more circumspect in future, the bench said.The Supreme Court has accepted apologies tendered on behalf of the states of West Bengal and Uttarakhand for disclosing names of rape victims in the affidavit they filed before the court, observing that …

Media coverage of rape cases: Here are the laws that news outlets are expected to comply with
6 years, 11 months ago

Media coverage of rape cases: Here are the laws that news outlets are expected to comply with

Firstpost  

The media is expected to comply with an array of laws and guidelines while reporting on rape cases. For this reason, the media is expected to comply with an array of laws and guidelines while reporting on rape cases. POCSO Act The Protection of Children from Sexual Offences Act, 2012 also includes provisions prohibiting the media from revealing the identity …

Press Council of India tells media to refrain from identifying children harassed in sexual offences, involved in criminal offences
6 years, 11 months ago

Press Council of India tells media to refrain from identifying children harassed in sexual offences, involved in criminal offences

Firstpost  

The Press Council of India has asked media to refrain from disclosing the identity of children involved in criminal offences and those harassed in sexual offences. New Delhi: The Press Council of India has asked media to refrain from disclosing the identity of children involved in criminal offences and those harassed in sexual offences. “The PCI chairman has expressed grave …

Delhi High Court Slams Media for Revealing Kathua Victim’s Name
6 years, 11 months ago

Delhi High Court Slams Media for Revealing Kathua Victim’s Name

The Quint  

On Friday, the Delhi High Court issued a stern order criticising the media for disclosing the details of the Kathua rape and murder victim, and issued notice to 12 media houses for reports naming her. “Unfortunately the nature and manner of reporting of the alleged offence is being effected in absolute violation of specific prohibition of law disrespecting the privacy …

SC Slams Uttarakhand,WB For Filing Affidavit With Names Of Rape Survivors; AORs Too Pulled Up
6 years, 11 months ago

SC Slams Uttarakhand,WB For Filing Affidavit With Names Of Rape Survivors; AORs Too Pulled Up

Live Law  

” What is this going on? How could you file it without verifying?” Justice Madan B Lokur to Advocate on Record for Uttarakhand “The state government of Uttarakhand and West Bengal have filed affidavits with names of victims. A shocked Supreme Court today pulled up the state governments of Uttarakhand and West Bengal and summoned its top officials for naming …

Bihar Rape Survivor’s Abortion Plea: SC Website Displays Name Of Survivor Despite Express Prohibition In Judgment
7 years, 7 months ago

Bihar Rape Survivor’s Abortion Plea: SC Website Displays Name Of Survivor Despite Express Prohibition In Judgment

Live Law  

In disregard of an express prohibition in the recent Supreme Court judgment examining the abortion plea of a 35-year-old HIV-positive rape survivor, the Supreme Court website still displays the survivor’s name.While the judgment does conceal her identity, the survivor’s name nevertheless appears in the search results for recent judgments.This is despite the fact that in the judgment, a. In disregard …

Bihar Rape Survivor’s Abortion Plea: SC Website Displays Name Of Survivor Despite Express Prohibition In Judgment
7 years, 7 months ago

Bihar Rape Survivor’s Abortion Plea: SC Website Displays Name Of Survivor Despite Express Prohibition In Judgment

Live Law  

In disregard of an express prohibition in the recent Supreme Court judgment examining the abortion plea of a 35-year-old HIV-positive rape survivor, the Supreme Court website still displays the survivor’s name.While the judgment does conceal her identity, the survivor’s name nevertheless appears in the search results for recent judgments.This is despite the fact that in the judgment, a. In disregard …

SC Stays Rajasthan HC Order Denying Relief To India Today For Disclosing German Rape Survivor’s Name
7 years, 7 months ago

SC Stays Rajasthan HC Order Denying Relief To India Today For Disclosing German Rape Survivor’s Name

Live Law  

The Supreme Court has stayed the Rajasthan High Court judgment which had refused to quash charges levied against India Today for disclosure of the name of a German rape survivor.A Bench comprising Justice J. Chelameswar and Justice Abdul Nazeer, on Friday, issued notice in the matter and stayed the operation of the judgment.Disclosure of Rape Victim’s Identity In Judgment Doesn’t. …

Right To Be Forgotten: Kerala HC Asks Indian Kanoon To Remove Name Of Rape Victim From Judgment
8 years ago

Right To Be Forgotten: Kerala HC Asks Indian Kanoon To Remove Name Of Rape Victim From Judgment

Live Law  

The Kerala High Court has recently asked legal online search portal indiankanoon.com to remove the name of a rape victim from a Kerala High Court judgment published on the site.Justice Shaji P Chaly passed the interim order in a petition filed by a rape victim, who was aggrieved by the disclosure of her name and personal information in the judgments …

Make 'Usha Kiran Yojna' Friendly For Rape Victim: MP HC Tells The MP Government [Read Order]
8 years, 1 month ago

Make 'Usha Kiran Yojna' Friendly For Rape Victim: MP HC Tells The MP Government [Read Order]

Live Law  

The Madhya Pradesh High Court has directed the Madhya Pradesh government to explore the possibility of making the ‘Usha Kiran Yojna’ more elaborate and friendly for the rape victims.The court issued the directive during hearing of a petition registered by it in public interest taking suo moto cognizance on the news reports pertained to rape of a 90-year-old woman.As the …

Use Pseudonyms To Refer To Victims Of Sexual Offences: Delhi HC To Trial Courts [Read Judgment]
8 years, 3 months ago

Use Pseudonyms To Refer To Victims Of Sexual Offences: Delhi HC To Trial Courts [Read Judgment]

Live Law  

The bench held that it is the statutory responsibility of the Special Court to ensure that the identity of the child is not disclosed at any time during the course of investigation or trial.In a landmark judgment, the Delhi High Court has directed trial courts to ensure that the identity of the victim in cases involving sexual offences shall not …

Judges should not disclose the victim’s names in judgments in sexual assault cases: Delhi HC [Read Judgment]
8 years, 9 months ago

Judges should not disclose the victim’s names in judgments in sexual assault cases: Delhi HC [Read Judgment]

Live Law  

The High Court of Delhi on Wednesday rapped the lower Court Judges for having disclosed the name of the victim of sexual assault in the judgments passed by them.“Before parting with the case, it is noted that in the impugned judgment dated 21.10.2013 name of the prosecutrix / victim has been disclosed / mentioned. The High Court of Delhi on …

Judges should not disclose the victim’s names in judgments in sexual assault cases: Delhi HC [Read Judgment]
8 years, 9 months ago

Judges should not disclose the victim’s names in judgments in sexual assault cases: Delhi HC [Read Judgment]

Live Law  

The High Court of Delhi on Wednesday rapped the lower Court Judges for having disclosed the name of the victim of sexual assault in the judgments passed by them.“Before parting with the case, it is noted that in the impugned judgment dated 21.10.2013 name of the prosecutrix / victim has been disclosed / mentioned. The High Court of Delhi on …

To name or not to name a rape victim
9 years, 3 months ago

To name or not to name a rape victim

The Hindu  

Anindita Mukherjee from Nalsar University of Law, Hyderabad, was in the news a few months ago when she sought and got India’s “first gender-neutral certificate” with the honorific ‘Mx’ instead of ‘Mr’ or ‘Ms’. Last week, she wrote to us questioning the newspaper’s decision to not mention the name of the Delhi gang-rape victim even in the story where the …

HC notice to newspapers on defamation plea of Priyanka Vadras son | IndiaTV News
10 years ago

HC notice to newspapers on defamation plea of Priyanka Vadras son | IndiaTV News

India TV News  

New Delhi: The Delhi High Court Friday issued notices to British daily and two Indian newspapers on a defamation suit filed against them by Raihan, son of Robert and Priyanaka Vadra, for carrying a news article speculating that Congress vice president Rahul Gandhi may adopt him to finalize a succession plan in the Gandhi family. Apart from the British newspaper, …

BREAKING: SC again violates privacy of a rape victim; mentions her name and age – ironically, voices concern over violence against women! [Read the Judgment]
10 years, 1 month ago

BREAKING: SC again violates privacy of a rape victim; mentions her name and age – ironically, voices concern over violence against women! [Read the Judgment]

Live Law  

Violating the mandate against identity disclosure of a victim of rape, a 2 judge bench of Supreme Court has published not only the name of the petitioner but also her age and area to which she belongs. As laid down time and again, justice must not only be done but Identity Disclosure of Rape Victims: Judicial Apathy On 1st July …

Meenakshi Lekhi responds to NCW
11 years, 3 months ago

Meenakshi Lekhi responds to NCW

The Hindu  

BJP spokesperson Meenakshi Lekhi, who was accused of revealing the name of the Tehelka sexual harassment victim, has told the National Commission of Women that she did not disclose the name or identity of the victim. On Sunday, 24 hours after the NCW sought an explanation from her for revealing the identity of the victim on Twitter, Ms. Lekhi said: …

Delhi High Court allows media coverage of Dec 16 gang-rape trial
12 years ago

Delhi High Court allows media coverage of Dec 16 gang-rape trial

India TV News  

New Delhi, March 22 : The Delhi High Court Friday allowed the media to cover the day-to-day trial of the Dec 16 gang rape case in the Saket fast-track court here. Justice Rajiv Shakdher, allowing the plea of journalists seeking open trial instead of an in-camera one, directed the fast-track court to allow access to one representative of each media …

‘Reportage on sexual assault must balance right to privacy with public interest’
12 years, 2 months ago

‘Reportage on sexual assault must balance right to privacy with public interest’

The Hindu  

While news channels have been reminded to conceal the identity of victims of sexual assault, the industry regulator also advocated a “balance” between the survivor’s right to privacy and public interest in media coverage of such cases. A fresh set of “Guidelines on reportage of cases of sexual assault” was issued by the News Broadcasting Standards Authority on Monday, less …

Indian rape victim’s father says he wants her named
12 years, 2 months ago

Indian rape victim’s father says he wants her named

Live Mint  

New Delhi: The father of an Indian student whose brutal rape provoked a global outcry said he wanted her name made public so she could be an inspiration to victims of sexual assault, in comments that may pressure authorities to allow her identity to be revealed. “We want the world to know her real name,” the woman’s father told Britain’s …

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