The Madras High Court has came down heavily on the print and visual media for breaching 'Victim Protection' norms and disclosing the names and details of the victims of sexual abuse and sexual violence during the trial.
The single-judge bench of Justice Dhandapani also took consideration of the directions passed in purview of necessity of conducting ‘In-Camera Proceedings’ while recording the deposition of the victims and also directed taking up of departmental action against the concerned officers, who were involved in divulging the names of the victims to the media.
The Court opined that the publication carried out by the Weekly Magazine ‘Nakkheeran’ in which the names of the victims as also their detailed deposition before the respective investigating officers have been published along with the names of the accused, unmindful of the fact that the above would not only jeopardize the ultimate outcome of the trial, but would have an intimidating effect on the victim forcing them to go into a shell and desist from coming out with the real truth for fear of their lives and that of their loved ones.
It commented on the modus operandi of the media in today's time and warned that the same can't be permitted over other aspects.
"This will only lead to the offenders walking out scot-free and ultimately the entire investigative mechanism as also the justice delivery system would be ridiculed not only by the public, but also by the very print and electronic media. True it is that the print and electronic media thrive on the pulse of the people and the news which they take to its citizens at the earliest point of time, determines their place and rating in the league, but that cannot be the basis to play with the lives and liberties of the citizens and equally with the justice delivery system, which is the ultimate saviour of the common man."
The Court mentioned that while passing the cite direction, the Apex Court however, didn't implead the print and electronic media to be party respondents in the petition and reasoned that it had reposed faith on the print and electronic media to conduct itself, mindful of its duty to its citizens and also in the fond hope that media would realize and understand the turmoil which the victims and their family members would have gone through in the aftermath of the aforesaid offence committed against them, which is not only against them, but against the entire humanity.
Taking a dig at the Media for letting down SC's faith, the Court remarked that though it had been made to understand that Media's impressions are mere hallucinations and that the print and electronic media are not mortals to understand the implications of the act that they commit, which, in effect, affect the victims and their family members gravely, but are merely guided by the ratings and the monetary considerations that fall out of the news that they take to the palm of its citizenry. Such an act has been perpetrated by the print media, who, inspite of the fact that this Court had directed initiation of action against the concerned officers, who had divulged the names of the victims to the media, which was carried on in the print and electronic medium, have once again come to the fore and have published not only the identity of the victims, but also the depositions of the victims.
In the case on hand, the weekly magazine, ‘Nakkheeran’ had published materials, which are matters, which the Court had, in its earlier order, directed to be kept within a closed sphere so that the victims and their family would feel at ease and secure thereby enabling them to disclose the true facts during trial mindful of the fact that their security is not jeopardized and it is protected.
However, the materials, which had been published, which was placed before the Court, has given intricate details about the depositions of the victims including their names and the manner in which they have come in contact with the accused, thereby putting their lives in peril and at the mercy of the accused. It not only identified the victims, but gave a verbatim version of the deposition given by them to the investigating agency.
The Court was of the view that this act of publication of the said materials is not only in bad taste, but against the very spirit of the order and is a direct interference in the dispensation of justice.
It thus accordingly restrained the Media from publishing details of the victims, their family members, and the witnesses or any materials pertaining to the deposition of the victims.
The petition filed by CBI placed significant thrust on the very many decisions, which have been rendered by the Hon’ble Supreme Court, in the interest of the victims of sexual abuse as also their family members and the orders passed in relation to the same with regard to publishing of materials with regard to the case by the print and electronic media and in a bird’s eye view.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
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