Case Note & Summary
The petitioner, Sangita Tanpure, the mother of a rape victim, filed a Public Interest Litigation before the Bombay High Court seeking directions to the Print and Electronic Media not to disclose the name or identity of the rape victim. The case arose from FIR No. I-336/2010 registered at Tofkhana Police Station, Ahmednagar, under Sections 363 and 366 of the Indian Penal Code, with Section 376 added after arrest. The petitioner alleged that despite the prohibition under Section 228-A of the Indian Penal Code and the directions issued by the Supreme Court in Nipun Saxena v. Union of India (2019) 2 SCC 703, local newspapers such as Daily Sarvamat dated 23.02.2011 and 06.07.2015 had published details that disclosed the victim's identity. The court considered the issue of whether media should be restrained from revealing the identity of rape victims. The court noted that existing legal provisions and Supreme Court directions already prohibit such disclosure, but media continues to violate them. The court directed that the media must strictly comply with Section 228-A IPC and the guidelines laid down in Nipun Saxena. The court disposed of the PIL with directions to the respondents to ensure compliance and take action against violators.
Headnote
A) Criminal Law - Rape Victim Identity - Non-Disclosure - Section 228-A Indian Penal Code, 1860 - The petitioner, mother of a rape victim, sought directions to media to not disclose victim's identity. The court held that despite Section 228-A IPC and Supreme Court directions in Nipun Saxena v. Union of India, media continues to disclose identity. The court directed strict compliance with existing provisions and directions. (Paras 1-4)
Issue of Consideration
Whether the Print and Electronic Media should be directed not to disclose the name or identity of a rape victim despite existing legal provisions and Supreme Court directions.
Final Decision
Rule made returnable forthwith. Heard both sides for final disposal at admission stage. Court directed strict compliance with Section 228-A IPC and Nipun Saxena directions.
Law Points
- Section 228-A IPC prohibits disclosure of identity of rape victim
- Directions in Nipun Saxena case must be followed
- Media must ensure victim anonymity
