One of the worst kinds of offences in the history of Indian criminal law must be the offence of rape. Not only because of the fact that it is the worst act against society as a whole but also has it degraded a certain bundle of rights that are conferred to humankind, specifically to women and girl children. Even after the end of trial and punishment, this kind of offence still would degrade an affected individual. But, do we know whether the identity of a victim in sexual offences and in cases under POCSO are published or not to the society? This article will try to answer the same through some of its findings.
Before looking into the laws, provisions and court directions on this matter, it is important to note the reasons for the same. We should know what the reason that led to the enactments by the policymakers to hide the identity was.
- Socio-political reasons:
We know that sexual offences are grave and have greater effects on both societies as a whole and on the victim as well. As per the reports of the National Crime Records Bureau’s report, it was reported that the conviction rates of these rape and other sexual offences in India is around 32 per cent, and it also noted that, for every 15 minutes, one girl is being raped in the country. This shows us how effective the disciplinary mechanism in the country is. One of the main important facts, which are important for us now, is the increase in the under-reporting of these sexual offences. But what are the exact causes for such under-reporting? Especially the children should not be treated with such bad identity during their course of studies and development. Here is where society as a negative factor comes into the picture.
This society has an in-built understanding of sexual offences, and they create a myth around the incident that has been heard by them. The first social reason which affects these affected victims is the perspective that is created by society. This worthless and sensitive topic created by this society on the victim has been the worst and main factor for the victims to under-report these crimes. Because of this fear and feeling that the society might look them on them if it is known has led us to create some provisions which help to hide the identity of the individual who has suffered the illegal act. I think this worst attitude from the side of society and their perseverance and only this thing which stood as a reason for the policymakers to come up with the provisions to hide the identity.
- Socio-economic reasons:
The above-mentioned reason of social attitude towards the victims of the sexual offences has led to another issue of socio-economic perspective. Financial reasons also stand as a reason for hiding the identity of the victims of the individual. But how? If a person is identified as a person to have suffered from the sexual offences, then the other person who is on the other side would tend to distance themselves and tag these victims in a bad manner, and they respond through this eyes of bad perseverance. They fail to put themselves in the shoes of the victim, to know their political background while suffering such aftermath in the society. Because of this, job opportunities get decreased and defeats the victim financially as well. This forms the second reason for the enactment of laws to hide the identity of the victims.
Legal perspective:
Let us look into a few of the provisions that have been included under the Indian Penal Code, 1860, for the purpose of the identity of the victims of sexual offences. Section 228A of the Indian penal code, 1860, deals with the disclosure of the identity of the victim of certain offences. Section 228A (1) is as follows,
“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.”
Section 327 of the Criminal Procedure Code, 1973 states that there are certain cases where the court of the trial should open the cases and can allow the public to have access to some of the cases as well. Similarly, as per the criminal law amendment in the year 1983, offences such as rape, gang rape shall be excluded from the purview of open court trials. This was also to prevent the open-access of the identity of the victim from protecting them.
Apart from the Indian Penal code and the CrPC, POCSO has its objective to basically protect the children of these offences from any kind of sexual assaults, harassment and even the offence of pornography. It also enables the establishment of special courts for the purpose of the criminal trial of these sexual offences against the children and also any matter connected therewith.
Under POCSO, section 24(5) of the act vests a duty on the police officer to make sure that the identity of the child is protected from publication in any media unless the same is directed by the special court by considering the interest of the child concerned. On the other hand, Section 33(7) vests the responsibility of the Special Court under this act to ensure the protection of the identity of the child, which includes the family, school, relatives, neighbours etc.
Lastly, section 37 gives the power to a special court to conduct the trial in the presence of the camera and also give the power to the court to shift the case to any other place, which, according to it, would help in ensuring justice to the child.
Conclusion:
It is hereby concluded that there is a necessity, as mentioned above under the first two headings, to hide the identity of these victims of sexual offences. The courts and other legal fraternity should always follow these guidelines and provisions of these acts in order to render complete justice to the victim; any failure would result in degrading their rights and interests.
