The Supreme Court has stated that the press (print and electronic media) has to follow the provisions of Section 228A of the Indian Penal Code (IPC), which prohibits the media from revealing the identity of victims of certain crimes.
Section 228A of IPC states: Disclosure of identity of the victim of certain offences etc.—
(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
Justices Ashok Bhushan, Subhash Reddy and M R Shah mentioned this in their judgment on a petition by a rape victim, belonging to the Scheduled Caste.
She had approached the Supreme Court to seek justice, as she was being denied renal accommodation in Jharkhand, because her identity had been revealed by the media.
The petition stated that she was abducted and was married off to a person, who divorced her later. She was later raped and the rapist was convicted. While reporting the matter, the media revealed the victim’s identity. As a result of revealing her identity as a rape victim, she was being denied rental accommodation and she sought relief from the government as the police had revealed her identity to the media. She sought relief and rehabilitation from the government, so that she could take care of her children, who were dependent on her.
Opposing her plea, the State argued that the lady in question was in the habit of levelling false charges of rape against individuals. The Supreme Court held that the fact that one person was convicted on charges of raping her, was enough to consider her as rape victim.
The Supreme Court noted that "a rape victim suffers not only a mental trauma but also discrimination from the society."
The Bench referred to an earlier judgment of the Supreme Court, where the Court observed, “A victim of rape will face hostile discrimination and social ostracisation in society. Such victim will find it difficult to get a job, will find it difficult to get married and will also find it difficult to get integrated in society like a normal human being. .....
Upholding her plea, the Court directed the Deputy Commissioner, Ranchi to take measures to ensure that the petitioner’s minor children are provided free education in any of the government institutions in Ranchi, where the petitioner is residing, till they attain the age of 14 years.
Further, the authorities have been asked to consider the case of the petitioner for providing housing under the Prime Minister Awas Yojna or any other Central or State Scheme.
The Senior Superintendent of Police, Ranchi and other competent authorities have been directed to review, on a regular basis, the police security provided to the petitioner.