In a landmark ruling, a Madhya Pradesh court sentenced a publisher and three journalists to one year in prison for disclosing the identity of a four-year-old rape and murder victim in a 2019 news report. The convicted individuals, associated with the Rajasthan Patrika, included the publisher Ruparam, reporter Krishnapal, and editors Amit and Jinesh. Alongside the prison sentence, each was fined ₹22,000.
The court found that their actions violated Section 23 of the Protection of Children from Sexual Offences Act (POCSO Act), 2012, and Section 228A of the Indian Penal Code (IPC), both of which strictly prohibit the publication of any details that could reveal the identity of a rape victim. The law is designed to safeguard the privacy and dignity of victims, particularly minors.
The case centered on an article published on April 9, 2019, which reported on three incidents involving minor victims. Among them was the tragic case of a four-year-old girl who had been raped and murdered. The article included the child’s name and photograph, leading to the legal action.
Special Judge Reshmi Walter, presiding over the case, concluded that the prosecution had effectively demonstrated the guilt of the accused, emphasizing the seriousness of the violation. The defense argued that the report was intended to raise awareness about the prevalence of sexual crimes against women and children and that there was no intent to break the law. They also cited the accused’s lack of prior criminal records in a plea for leniency. However, the court dismissed these arguments, underscoring the importance of adhering to legal protections for victims’ identities.
The defense also attempted to justify the publication by claiming it was done at the request of a social welfare NGO, arguing that Section 228A of the IPC permits identity disclosure under certain conditions. The court, however, rejected this claim, resulting in the sentencing of all four individuals to a year in prison.
