By J Shanmugha Sundaram / Published: 05th May 2015
VELLORE: Vellore police were caught on the wrong side of law when they sent a statement to several print and electronic media mentioning the name of a gang rape victim and her address. This act has once again exposed their ignorance about Indian Penal Code and other Acts such as the Juvenile Justice (Care and Protection of Children) Act 2000 that insist on protecting the identity of victims of rape and juveniles involved in such cases.
Section 228 A (Disclosure of identity of the victim of certain offences) of IPC vividly states that
“Whoever prints or publishes the name or any matter which may make known the identity of any persons against whom (victim) offences under sections 376 (rape), 376 A, 376 B, 376 C or section 376 D is alleged or found to have been committed” will face punishment with imprisonment to the extent of two years or liable to fine.
Though police acted swiftly following a complaint by a 19-year-old married girl against eight persons, who reportedly gang raped her at an isolated place atop the Vallimalai Hills on Friday, they have revealed the identity of the victim. In the press statement, they mentioned the name of the victim and address, besides giving detailed information about the victim that she was married three years ago and separated from her husband eight months ago. The victim has a two-year-old daughter.
Eight persons, including a 17 year-old juvenile, were arrested in connection with the case. The police, in violation of JJ Act, have disclosed the identity of the juvenile as well. Section 21 (1) of the Act says that “... no report in any newspaper, magazine, news-sheet or visual media or any inquiry regarding a juvenile in conflict with law under this act shall disclose of name, address or school or any other particulars calculated to lead to the identification of the juvenile nor shall any picture of any such juvenile be published.” Ironically, several electronic media carried the name of the victim and the juvenile.
Earlier cases: Ignorance of Police on JJ Act, POSCO Act exposed
J Shanmugha Sundaram
Vellore, December, 2014: The last one week, the district police dealt with two criminal cases involving juveniles. While one was involved in a heinous crime of murdering 10 year-old girl, the other made a hoax bomb threat to the Vellore Collectorate. Though the police cracked the cases within a day, they ended up revealing the identity of the juveniles that is prohibited under the Juvenile Justice (Care and Protection of Children) Act 2000.
Wilfully or succumbing to the media pressure, the police disclosed the identity of both the victim and her murder. The girl was found dead in a mango grove at Kalyanaperiyankuppam on Tuesday morning, with her limbs tied and mouth gagged with her Thupatta.
The district police had made all the information (name, address and parents) of the juvenile in conflict with the law public. Shockingly, the law enforcing agency has also leaked the boy’s photography to the media.
This has once again put the enforcing agency's on touch spot and also exposed their poor knowledge about the JJ Act, though none questioned the police department’s efficient investigation. Section 21 (1) of the act says that “... no report in any newspaper, magazine, news-sheet or visual media or any inquiry regarding a juvenile in conflict with law under this act shall disclose of name, address or school or any other particulars calculated to lead to the identification of the juvenile nor shall any picture of any such juvenile be published.”
The police have filed a case against the juvenile delinquent under section 376 (1) (attempt to rape) along with 404, 302 of IPC. The police had also violated section 23 (2) of POSCO Act. It says that the identity of the victim should not be revealed or published in any form. Ironically, most of the dailies and electronics had carried the information furnished by the police department.
In fact, a case has been filed against four electronic media staff in Belagavi (earlier known as Belgaum) in Karnataka under POSCO Act for revealing the identity of sexual assault case recently.
District Child Protection Officer, D Saravanan said, “Revealing any information is violation of the JJ Act by anyone. It will attract a fine as per the provision of the act.”
The police also divulges the information of 18 year-old boy, who was arrested for making a hoax bomb threat on last Sunday. The police arrested the boy on the very next day and simultaneously shared the information with the media.
“It (revealing of the identity of the delinquent or victims of rape and sexual assault) will never happen again,” Superintendent of Police of Vellore P K Senthil Kumari told Express. She added that they were giving regular training on POSCO Act and JJ Act to the department personnel to equip them to handle such cases efficiently./eom/shan/
School Education Minister K C Veeramani on Thursday handed over the solatium of Rs 3 lakh to the family members of the 10 year-old school girl, who was brutally murdered by her neighbour’s son on Monday later afternoon.
Minister Veeramani was accompanied by District Collector R Nanthagopal. The cheque for the solatium announced by Chief Minister O Panneerselvam on Tuesday handed over the victim’s family at their native village near K V Kuppam.
“The minister told us to approach him, if they need any help,” said the girl’s elder brother. /eom/shan/
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