IDENTITY DISCLOSURE OF JUVENILE VICTIMS THROUGH MEDIA: ISSUES AND CHALLENGES
Keywords:
Juvenile, justice, crime, media, victimAbstract
The past decades have seen the rise of media and its importance as an influential and primarily accepted mode of communication and awareness. What cannot be ignored is the inevitable competition among news platforms and an urge to deliver information apart from what is already available for public access. The extensive reporting has extended to the disclosure of the identity of the Juvenile victims of sexual offences like rape, which worsen not only the case but makes the life of victim vulnerable and worsen the already delicate situation they are in.
This paper deals with the rising concern of disclosure of identities of juvenile victims and sensationalising the issue through media. The study also focuses on the laws pertaining to the protection of identities of juvenile victims and judicial responses to the issue. Lastly, an attempt has been made to understand the opinions of newsreaders through a survey regarding the necessity to make such delicate information public.
References
1. Ayesha Khalid, Media as a Fourth Pillar of Democracy, Voice of Journalists, Tuesday, July 9, 2019, Retrieved from: https://www.voj.news/media-as-a-fourth- pillar-of-democracy/ on 9th July 2019, 19:27
2. Article 39 of Convention on the Rights of the Child stat es- ‘States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading tre atment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self -respect and dignity of the child.’
3. Can't reveal identities of children involved in sensitive cases even if they are dead: Government. https://www.newindianexpr ess.com/nation/2018/mar/09/cant-reveal- identities-of-children-involved-in- sensitive-cases-even-if-they-are-dead- government-1784566.html
4. Article 40 (VII) of Convention on the Rights of the Child states-
5. Supra nt. 5.
6. Nipun Saxena & ANR. Vs. Union of India & Ors. [Writ Petition (Civil) No. 565 of 2012]
7. Sub-Section (1) of Section 228A, Indian Penal Code, 1860.
8. Sections 376, 376A, 376AB, 376B, 376C, 376DA, 376DB or 376E of the Indian Penal Code, 1860.
9. Sub-Section (2) of Section 228A, Indian Penal Code, 1860.
10. Boys' Locker Room: Does Indian Rape Culture Need a Better .... https://www. jurist.org/commentary/2020/05/austubh- srivastava-boys-locker-room-india/
11. Section 74, Juvenile Justice (Care and Protection of Children) Act, 2015
12. Joseph Pereira, Mangaluru: Revealing Identity in Juvenile cases Punishable Under POCSO Act – Judge N S Patil. Retrieved from https://www.mangalorean. com/mangaluru-revealing-identity-in- juvenile-cases-punishable-under-pocso- act-judge-n-s-patil/
13. Chapter II, General Principles of Care and Protection of Children, General principles to be followed in administration of Act, Section 3 (xi), Juvenile Justice (Care and Protection of Children) Act, 2015
14. Section 23, Protection of Children from Sexual Offences Act, 2012. NJCL (2020) 9–16 © Law Journals 2020. All Rights Reserved Page 16
15. Ejusdem or Eiusdem Generis Definition: Of the same kind or nature. A rule of interpretation that where a class of things is followed by general wording that is not itself expansive, the general wording is usually restricted things of the sa me type as the listed items.
16. https://www.sci.gov.in/supremecourt/2012 /42374/42374_2012_Judgement_11-Dec- 2018.pdf, visited on 10/07/2019.
17. Guilty must be held accountable: UN, Devika Bhattacharya, Times of India. Retrieved from: https://timesofindia. indiatimes.com/india/hope-authorities- bring-kathua-rape-perpetrators-to-justice- un-chief/articleshow/63758900.cms
18. SC bars disclosure of identity of rape victims, even after death. https://www.livemint.com/Politics/qO3ut ATdi4WpHwsTOofgZN/SC-bars- disclosure-of-identity-of-rape-victims- even-after-d.html
19. Live Mint, SC bars disclosure of identity of rape victims, even after death. Updated: 11 Dec 2018. Retrieved from https:// www.livemint.com/Politics/qO3utATdi4 WpHwsTOofgZN/SC-bars-disclosure-of- identity-of-rape-victims-even-after-d.html
20. Delhi HC asks media houses to pay penalty for revealing Kathua victim’s identity, The Hindu. Retrieved from: https://www.thehindu.com/news/national/ media-houses-apologise-before-delhi-hc- for-revealing-kathua-victim- identity/article23583511.ece
21. Delhi HC Fines Media Cos That Revealed Kathua Rape Victim’s Name, The Quint. Retrieved from: https://www.thequint. com/news/india/kathua-rape-case-media- companies-which-revealed-victims-name- fined
22. Aligarh: Three -Yr.-Old Girl Choked To Death Over Loan Of Rs 10,000, The Logical Indian. Retrieved From: https://thelogicalindian.com/news/twinkle- sharma-murder/
23. Nipun Saxena vs Union Of India Ministry Of Home, WRIT PETITION (CIVIL) NO. 565 OF 2012
24. FIR Relating To Sexual Assault Cases Shall Not Be Put In .... https:// www.livelaw.in/fir-relating-to-sexual- assault-cases-shall-not-be-put-in-public- domainread-sc-guidelines/
25. It must be noted that the results of the survey are based on the data collected from the sample population which majorly consists people under the age bracket of 18 to 30 years. The conclusions drawn from the survey are restricted only to the answers of the covered population and may vary if conducted on a different sample population.
26. J. Deepak Gupta in Nipun Saxena vs Union of India Ministry Of Home, WRIT PETITION (CIVIL) NO. 565 OF 2012. Cite this Article Priyal Sepaha . Identity Disclosure of Juvenile Victims through M edia: Issues and Challenges . National Journal of Criminal Law. 2020; 3(2): 9–16p.
