Veroli Zhimo
In legal circles, the Latin phrase, “ignorantia legis neminem excusat” is a commonly-known sentence. Its meaning is simple: “Ignorance of the law excuses no one.”
In contemporary society, many of the laws which are going into effect or have gone into effect will go unnoticed in our daily lives. However, some will become more relevant.
Included in those are Section 74 in The Juvenile Justice (Care and Protection of Children) Act, 2015 that categorically states that “No report in any newspaper, magazine, news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published...”
There can, however, be an exception only if a Board or a Committee, specially constituted for the purpose allows that such a disclosure can be made. The Act also says that the violation of the provision can lead to imprisonment of up to six months or fine which may of up to Rs 2 lakh or both.
Section 23 of the Protection of Children from Sexual Offences (POCSO) Act also lays down the procedure for the media to report cases of sexual offences against child victims.
Another is section is 228A of the Indian Penal Code (IPC) which prohibits publication of the names of sexual assault victims save in exceptional cases, including where the publication is authorised in writing by the victim or by the next of kin of the victim (where the victim is dead or minor or of unsound mind). The penal law makes it a criminal offence to disclose the identity of victims of offences committed under Sections 376, 376A, 376B, 376C or 376D of the IPC (broadly, offences covering sexual assault). The arguments for protecting the anonymity of rape victims in India relate to the right to privacy and preventing sexual assault victims from being stigmatised by the society.
But while there are laws prohibiting the media from disclosing the identity of victims in such cases of abuse, news reports on TV channels should also ensure compliance with the law. Additionally, the question of liability with regard to the average person on social media platforms is a complex one.
In the context of Nagaland, when cases of such abuse—in any of its heinous forms are reported, social media platforms like Facebook and WhatsApp go into a tizzy with wanton sharing of posts, video clips, condemnation letters, etc., that unlawfully identify the victims.
Recently, an incident on May 29 prompted the Dimapur Police to initiate an enquiry “to identify the erring individuals behind the video circulation of one such child victim.”
It is vital that the police enquiry is taken in all seriousness to set precedent which has persuasive authority on all future application of the law.
It is also important that citizens stay informed of what the laws are, particularly because we all bear a responsibility for abiding by the laws, whether that means following traffic laws or ensuring that victims of abuse are not further tormented by the irresponsible sharing of their names and, or photos.
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