NEW DELHI: Strongly disapproving revelation of identity of the doctor, who was sexually assaulted prior to her murder at RG Kar Medical College and Hospital at Kolkata on August 9, and the circulation of video clips of the body, the Supreme Court on Tuesday ordered immediate deletion of such posts from social and electronic media.
A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra passed this order on a PIL filed by advocate Kinnori Ghosh and others who argued that the revelation of the sexual assault victim’s name and circulation of the video clips of the body were in breach of the SC’s 2018 judgment in Nipun Saxena as also Section 72 of Bhartiya Nyaya Sanhita.
The CJI-led bench passed the ex-parte direction for deletion of these posts as it found that such lapses on part of persons posting these on social media and electronic media were not only in violation of law and SC order but an affront to the dignity and privacy of the victim.
During the earlier hearing in the morning session, the same bench said, “We are deeply concerned that the name and identity of the deceased, who was raped and murdered, was revealed all over the media. Photographs have been all over the media. Video clips of her body, either before or after the postmortem, have been published.
“It is extremely concerning. We are the first to recognise the right to free speech. But there are well settled parameters which have been laid down in the new criminal code. There are judgements which ruled that names of sexual assault survivors cannot be revealed.
Appearing for West Bengal, senior advocate Kapil Sibal said he entirely agreed with the bench and informed the court that the state police have so far filed 50 FIRs on this breach by social and electronic media. “These photographs were taken before police reached the crime scene. We did not allow any such thing to happen thereafter,” he said.
The CJI said, “Is this the way we provide dignity to a deceased who was sexually assaulted? An individual who lost her life was a young doctor. Everyone must exercise restraint in such cases.”
In Nipun Saxena judgment of December 11, 2018, the SC had said, “No person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large.”
“In cases where the victim is dead or of unsound mind the name of the victim or her identity should not be disclosed even under the authorisation of the next of the kin, unless circumstances justifying the disclosure of her identity exist, which shall be decided by the competent authority, which at present is the sessions judge,” the SC had said. Following this the Union home ministry had issued general direction incorporating the above ruling of SC.
A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra passed this order on a PIL filed by advocate Kinnori Ghosh and others who argued that the revelation of the sexual assault victim’s name and circulation of the video clips of the body were in breach of the SC’s 2018 judgment in Nipun Saxena as also Section 72 of Bhartiya Nyaya Sanhita.
The CJI-led bench passed the ex-parte direction for deletion of these posts as it found that such lapses on part of persons posting these on social media and electronic media were not only in violation of law and SC order but an affront to the dignity and privacy of the victim.
During the earlier hearing in the morning session, the same bench said, “We are deeply concerned that the name and identity of the deceased, who was raped and murdered, was revealed all over the media. Photographs have been all over the media. Video clips of her body, either before or after the postmortem, have been published.
“It is extremely concerning. We are the first to recognise the right to free speech. But there are well settled parameters which have been laid down in the new criminal code. There are judgements which ruled that names of sexual assault survivors cannot be revealed.
Appearing for West Bengal, senior advocate Kapil Sibal said he entirely agreed with the bench and informed the court that the state police have so far filed 50 FIRs on this breach by social and electronic media. “These photographs were taken before police reached the crime scene. We did not allow any such thing to happen thereafter,” he said.
The CJI said, “Is this the way we provide dignity to a deceased who was sexually assaulted? An individual who lost her life was a young doctor. Everyone must exercise restraint in such cases.”
In Nipun Saxena judgment of December 11, 2018, the SC had said, “No person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large.”
“In cases where the victim is dead or of unsound mind the name of the victim or her identity should not be disclosed even under the authorisation of the next of the kin, unless circumstances justifying the disclosure of her identity exist, which shall be decided by the competent authority, which at present is the sessions judge,” the SC had said. Following this the Union home ministry had issued general direction incorporating the above ruling of SC.
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