Kathua rape case: Delhi HC orders media fines to be deposited in J-K legal aid
After two media houses deposited Rs 10 lakh each for disclosing the identity of the Kathua rape case victim, the Delhi High Court directed its registrar to transfer this amount and any other deposited by other media houses as per its 2018 direction to a sexual assault victims’ fund.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad in its February 13 decision took note of the submission made by the media houses that they had already complied with a 2018 order directing them to pay Rs 10 lakh each.
The high court thereafter directed its registrar general to transmit the amounts deposited by all the media houses, as well as by other respondents in the case, to the ‘Victim Compensation Fund maintained by the Jammu and Kashmir State Legal Services Authority’ for disbursement of funds to the victims or families of the deceased victims of sexual violence.
The high court observed that the manner in which the incident was reported was contrary to the provisions of the Protection of Children from Sexual Offences (POCSO) Act as well as the Indian Penal Code. “The manner of reporting the incident is also against the public justice,” high court said.
On 13 April 2018, the high court had taken suo motu cognisance of news reporting on the gangrape and murder of an eight-year-old girl in Jammu and Kashmir’s Kathua. It issued notices to various media houses, prohibiting them from disclosing the victim’s address and identity in any manner.
The high court had directed 16 media houses on April 18, 2018, to deposit a sum of Rs 10 lakh each with the Jammu and Kashmir State Legal Services Authority. The matter was listed from time to time for compliance of the orders passed by the high court and more media houses were added as parties for payment of compensation.
When the matter was listed on February 18, 2020, the high court had observed that Al Jazeera Media Network Private Limited had not deposited Rs 10 lakh, and the Union of India was directed to provide their proper address.
The media network’s counsel submitted during the course of the hearing on February 13 that they had not been served due to an error in their name in the plea and sought correction of the same to AJI International Pvt. Limited.
The network sought two days’ time to submit their demand draft of Rs 10 lakh with the registry of the high court and was granted the same. Another media house submitted that they had already submitted the directed amount.
While issuing notice in 2018, the high court had also sought to know from the media houses why penal action should not be taken against them for violating the law, which prohibits disclosure of the identity of a rape victim, and that too involving a minor.
The high court had expressed concern over the authorities not taking any action against the violators of law. It said that “the manner in which news are being reported on her are very unfortunate”.
“The girl photo is used as background in newsroom,” the high court had remarked. The high court took up the issue on its own after coming across print and electronic media reports revealing the victim’s name.
